EXHIBIT A Copy of Certificate of Registration for ...stopthemaddness.org/filing.pdf · EXHIBIT A Copy of Certificate of Registration for Complainant’s MADD Mark (Reg. No. 1,250,706)

TABLE OF EVIDENCE

EXHIBIT A Copy of Certificate of Registration for Complainant’s MADD Mark (Reg. No. 1,250,706) EXHIBIT B List of MADD’s U.S. trademark registrations incorporating

MADD EXHIBIT C List of MADD’s international trademark registrations

incorporating MADD EXHIBIT D Complainant’s “Whois” information for MADD.ORG EXHIBIT E Print outs from Complainant’s official website at www.madd.org EXHIBIT F Respondent’s “Whois” information for the following: MADDCA.ORG

MADDFL.ORG MADDNE.ORG MADDNY.ORG MADDPENNSYLVANIA.ORG

EXHIBIT G Print outs from Respondent’s websites at

MADDCA.ORG MADDFL.ORG MADDNE.ORG MADDNY.ORG MADDPENNSYLVANIA.ORG

EXHIBIT H Respondent’s “Whois” information for

STOPTHEMADDNESS.ORG EXHIBIT I Print outs from Respondent’s website at

STOPTHEMADDNESS.ORG EXHIBIT J Examples of web searches returning Respondent’s websites EXHIBIT K Examples of Respondent’s use of the MADD mark in meta data

tags EXHIBIT L Copies of the Uniform Domain Name Dispute Resolution Policy and the Rules for Uniform Domain Name Dispute Resolution Policy from www.misk.com

Exhibit A

Copy of Certificate of Registration

for Complainant’s MADD Mark

(Reg. No. 1,250,706)

Exhibit B

List of MADD’s

U.S. trademark registrations

incorporating MADD

Trademark Reg. No. Reg. Date Class & Goods/Services

MADD 1,250,706 06-Sep-1983 42 Int.: Association services; namely, promoting the interests of individuals opposed to drunk driving

1,558,546 26-Sep-1989 42 Int.: Association services; namely, promoting the interests of individuals opposed to drunk driving

MOTHERS AGAINST DRUNK DRIVING 1,603,041 19-Jun-1990

42 Int.: Association services; namely, promoting the interests of individuals opposed to drunk driving

MADDVOCATE 1,645,240 21-May-1991 16 Int.: Magazines devoted to victims of drunk driving accidents and their advocates

1,688,513 19-May-1992 42 Int.: Association services; namely, promoting the interests of individuals opposed to drunk driving

MADD VICTIM SERVICES 1,998,125 03-Sep-1996 42 Int. Association services; namely,

supporting the victims of drunk driving

MADD DASH 2,187,624 08-Sep-1998

36 Int.: Charitable fundraising services, namely conducting foot races to raise money for activities designed to promote the interests of persons opposed to drunk driving and to support victims of drunk driving

2,730,301 24-Jun-2003

42 Int.: Association services; namely, promoting the interests of individuals opposed to drunk driving and supporting victims of drunk driving

2,781,780 11-Nov-2003

41 Int.: Providing recognition and incentives by way of awards to recognize media professionals and organizations for outstanding coverage and advancement of issues related to drunk driving, underage drinking and support for victims of violent crime

Trademark Reg. No. Reg. Date Class & Goods/Services

MADD YOUTH IN ACTION 3,090,158 09-May-2006

35 Int.: Association services, namely youth programs partnering young people with adult activists and law enforcement officials to promote the interests of persons opposed to underage drinking

3,100,555 06-Jun-2006

35 Int.: Association services, namely youth programs partnering young people with adult activists and law enforcement officials to promote the interests of persons opposed to underage drinking

UMADD 3,133,576 22-Aug-2006

35 Int.: Association services, namely promoting the interests of persons opposed to drunk driving and underage drinking and supporting victims of drunk driving

THINK MADD 3,290,012 11-Sept-2007

35 Int: Association services, namely, promoting the interests of individuals opposed to drunk driving and underage drinking

3,556,969 06-Jan-2009

36: Charitable fundraising services, namely, organizing and conducting walks to raise money for, and awareness of, the dangers of impaired driving and under-aged drinking

WALK LIKE MADD 3,556,975 06-Jan-2009

36: Charitable fundraising services, namely, organizing and conducting walks to raise money for, and awareness of, the dangers of impaired driving and under-aged drinking

MADD MEDIA AWARDS 3,733,594 05-Jan-2010

41 Int.: Providing recognition and incentives by way of awards to recognize media professionals and organizations for outstanding coverage and advancement of issues related to drunk driving, underage drinking and support for victims of violent crime

POWER OF PARENTS IT’S YOUR INFLUENCE

MADD 3,797,504 01-Jun-2010

35 Int.: Association services, namely, promoting the interests of parents and other individuals opposed to drunk driving and underage drinking

Exhibit C

List of MADD’s

international trademark registrations

incorporating MADD

Country Trademark Reg. No. Reg. Date Class & Goods/Services

Australia MADD 922968 22-Jul-2004

42 Int.: Services rendered by an association of individuals opposed to drink driving being services to promote the interchange of ideas, and information about drink driving and to prevent underage drinking and drink driving

Australia MOTHERS AGAINST

DRUNK DRIVING 922967 02-Nov-2004

42 Int.: Services rendered by an association of individuals opposed to drink driving being services to promote the interchange of ideas, and information about drink driving and to prevent underage drinking and drink driving

Canada

TMA380,708 1-Mar-1999 N/A: Association services, namely, promoting the interests of individuals opposed to drunk driving

Canada

TMA416,864 17-Sept-1993 N/A: Association services, namely, promoting the interests of individuals opposed to drunk driving


Canada MADD 370,016 29-Jun-1990

N/A: Association services, namely, promoting the interests of individuals opposed to drunk driving by providing counseling of victims of drunk driving, support of victims of drunk driving, education of victims of drunk driving, monitoring of driving while impaired cases in court, training of victims to help other victims and education programs concerning the dangers of drunk driving through the use of posters, bumper stickers, brochures, essay contests, distribution of comic books, pamphlets and educational games for children

Canada

386,932 26-Jul-1991


Canada

411,768 30-Apr-1993

N/A: Association services, namely, promoting the interests of individuals opposed to drunk driving and supporting victims of drunk driving


Canada

TMA603,640 01-Mar-2004


Canada

TMA704,552 11-Jan-2008



Canada MOTHERS AGAINST

DRUNK DRIVING 481,691 27-Aug-1997


European Community

MADD 2912053 30-Jun-2004

45 Int.: Association services- namely, promoting the interests of individuals opposed to drunk driving (not for commercial purposes)

European Community

MOTHERS AGAINST

DRUNK DRIVING 2912046 15-Jul-2004

45 Int.: Association services, namely promoting the interests of individuals opposed to drunk driving (not for commercial purposes).

Japan MADD 4706926 05-Sep-2003 36 Int.: Management and operation with respect to charity activities

Japan MOTHERS AGAINST

DRUNK DRIVING 4706927 05-Sep-2003

36 Int.: Management and operation with respect to charity activities

Korea, Republic of

MADD 130239 4-Apr-2006

41 Int.: Educational services related to the dangers of drunk driving; educational services for the victims of drunk driving related to financial aspects; educational services for the victims of drunk driving related to legal aspects; educational services for the victims of drunk driving related to medical aspects 42 Int.: Legal consultation providing services for victims of drunk driving accidents 44 Int.: Medical consultation providing services for victims of drunk driving accidents


Korea, Republic of

130339 06-Apr-2006

41 Int.: Educational services related to the dangers of drunk driving; educational services for the victims of drunk driving related to financial aspects; educational services for the victims of drunk driving related to legal aspects; educational services for the victims of drunk driving related to legal aspects; educational services for the victims of drunk driving related to medical aspects 42 Int.: Legal consultation providing services for victims of drunk driving accidents 44 Int.: Medical consultation providing services for victims of drunk driving accidents

Korea, Republic of

MOTHERS AGAINST

DRUNK DRIVING 130694 14-Apr-2006

41 Int.: Educational services related to the dangers of drunk driving; educational services for the victims of drunk driving related to financial aspects; educational services for the victims of drunk driving related to legal aspects; educational services for the victims of drunk driving related to legal aspects; educational services for the victims of drunk driving related to medical aspects 42 Int.: Legal consultation providing services for victims of drunk driving accidents 44 Int.: Medical consultation providing services for victims of drunk driving accidents

Mexico MOTHERS AGAINST

DRUNK DRIVING 921013 24-Feb-2006

42 Int.: Services related to education regarding the dangers of drunk driving and the promotion of the interests of people opposed to drunk driving and assistance for victims of drunk driving

Sweden MADD SWEDEN 358.268 13-Nov-2002 41 Int.: Education to reduce drunk driving in Sweden and Europe

Exhibit D

Complainant’s “Whois”

information for MADD.ORG

Search Whois

Enter a .ORG Domain:

NOTICE: Access to .ORG WHOIS information is provided to assist persons in determining the contents of a domain name registration record in the Public Interest Registry registry database. The data in this record is provided by Public Interest Registry for informational purposes only, and Public Interest Registry does not guarantee its accuracy. This service is intended only for query-based access. You agree that you will use this data only for lawful purposes and that, under no circumstances will you use this data to: (a) allow, enable, or otherwise support the transmission by e-mail, telephone, or facsimile of mass unsolicited, commercial advertising or solicitations to entities other than the data recipient's own existing customers; or (b) enable high volume, automated, electronic processes that send queries or data to the systems of Registry Operator or any ICANN-Accredited Registrar, except as reasonably necessary to register domain names or modify existing registrations. All rights reserved. Public Interest Registry reserves the right to modify these terms at any time. By submitting this query, you agree to abide by this policy.

Domain ID:D4105095-LROR Domain Name:MADD.ORG Created On:22-Apr-1996 04:00:00 UTC Last Updated On:18-Sep-2010 00:22:22 UTC Expiration Date:23-Apr-2012 04:00:00 UTC Sponsoring Registrar:Network Solutions LLC (R63-LROR) Status:CLIENT TRANSFER PROHIBITED Registrant ID:3242434-NSI Registrant Name:MOTHERS AGAINST DRUNK DRIVING Registrant Organization:MOTHERS AGAINST DRUNK DRIVING Registrant Street1:511 E JOHN CARPENTER FWY STE 700 Registrant Street2: Registrant Street3: Registrant City:IRVING Registrant State/Province:TX Registrant Postal Code:75062-3983 Registrant Country:US Registrant Phone:+1.2147446233 Registrant Phone Ext.: Registrant FAX:+1.231231234 Registrant FAX Ext.: Registrant Email:[email protected] Admin ID:3242434-NSI Admin Name:MOTHERS AGAINST DRUNK DRIVING Admin Organization:MOTHERS AGAINST DRUNK DRIVING Admin Street1:511 E JOHN CARPENTER FWY STE 700 Admin Street2: Admin Street3: Admin City:IRVING Admin State/Province:TX Admin Postal Code:75062-3983 Admin Country:US Admin Phone:+1.2147446233 Admin Phone Ext.: Admin FAX:+1.231231234 Admin FAX Ext.: Admin Email:[email protected] Tech ID:3242434-NSI Tech Name:MOTHERS AGAINST DRUNK DRIVING Tech Organization:MOTHERS AGAINST DRUNK DRIVING Tech Street1:511 E JOHN CARPENTER FWY STE 700 Tech Street2: Tech Street3: Tech City:IRVING Tech State/Province:TX Tech Postal Code:75062-3983 Tech Country:US Tech Phone:+1.2147446233 Tech Phone Ext.: Tech FAX:+1.231231234 Tech FAX Ext.: Tech Email:[email protected] Name Server:NS61.WORLDNIC.COM Name Server:NS62.WORLDNIC.COM Name Server: Name Server: Name Server: Name Server: Name Server: Name Server: Name Server: Name Server: Name Server: Name Server: Name Server: DNSSEC:Unsigned

madd.org Lookup

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Exhibit E

Print outs from Complainant’s

official website at www.madd.org

Exhibit F

Respondent’s “Whois”

information for the following:

MADDCA.ORG

MADDFL.ORG

MADDNE.ORG

MADDNY.ORG

MADDPENNSYLVANIA.ORG

Search Whois


NOTICE: Access to .ORG WHOIS information is provided to assist persons in determining the contents of a domain name registration record in the Public InterestRegistry registry database. The data in this record is provided by Public Interest Registry for informational purposes only, and Public Interest Registry does notguarantee its accuracy. This service is intended only for query-based access. You agree that you will use this data only for lawful purposes and that, under nocircumstances will you use this data to: (a) allow, enable, or otherwise support the transmission by e-mail, telephone, or facsimile of mass unsolicited, commercialadvertising or solicitations to entities other than the data recipient's own existing customers; or (b) enable high volume, automated, electronic processes that sendqueries or data to the systems of Registry Operator or any ICANN-Accredited Registrar, except as reasonably necessary to register domain names or modifyexisting registrations. All rights reserved. Public Interest Registry reserves the right to modify these terms at any time. By submitting this query, you agree to abideby this policy.

Domain ID:D148082389-LRORDomain Name:MADDCA.ORGCreated On:11-Jun-2007 23:55:43 UTCLast Updated On:21-Jun-2010 17:20:27 UTCExpiration Date:11-Jun-2011 23:55:43 UTCSponsoring Registrar:Misk.com, Inc. (R119-LROR)Status:CLIENT TRANSFER PROHIBITEDRegistrant ID:nit1160719554Registrant Name:TOM ALCIERERegistrant Organization:TOM ALCIERERegistrant Street1:PO BOX 106Registrant Street2:Registrant Street3:Registrant City:NASHUARegistrant State/Province:NHRegistrant Postal Code:03061Registrant Country:USRegistrant Phone:+1.6038211347Registrant Phone Ext.:Registrant FAX:Registrant FAX Ext.:Registrant Email:[email protected] ID:nit1160719555Admin Name:TOM ALCIEREAdmin Organization:TOM ALCIEREAdmin Street1:PO BOX 106Admin Street2:Admin Street3:Admin City:NASHUAAdmin State/Province:NHAdmin Postal Code:03061Admin Country:USAdmin Phone:+1.6038211347Admin Phone Ext.:Admin FAX:Admin FAX Ext.:Admin Email:[email protected] ID:nit1160719557Tech Name:TOM ALCIERETech Organization:TOM ALCIERETech Street1:PO BOX 106Tech Street2:Tech Street3:Tech City:NASHUATech State/Province:NHTech Postal Code:03061Tech Country:USTech Phone:+1.6038211347Tech Phone Ext.:Tech FAX:Tech FAX Ext.:Tech Email:[email protected] Server:NS1.OMNIS.COMName Server:NS2.OMNIS.COMName Server: Name Server: Name Server: Name Server: Name Server: Name Server: Name Server: Name Server: Name Server: Name Server: Name Server: DNSSEC:Unsigned

Search Whois | .ORG, The Public Interest Registry| Buy, Sell, Register .O... http://www.pir.org/get/whois?domain=maddca&Submit=Search

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Domain ID:D148082390-LRORDomain Name:MADDFL.ORGCreated On:11-Jun-2007 23:55:55 UTCLast Updated On:21-Jun-2010 17:23:16 UTCExpiration Date:11-Jun-2011 23:55:55 UTCSponsoring Registrar:Misk.com, Inc. (R119-LROR)Status:CLIENT TRANSFER PROHIBITEDRegistrant ID:nit1160719560Registrant Name:TOM ALCIERERegistrant Organization:TOM ALCIERERegistrant Street1:PO BOX 106Registrant Street2:Registrant Street3:Registrant City:NASHUARegistrant State/Province:NHRegistrant Postal Code:03061Registrant Country:USRegistrant Phone:+1.6038211347Registrant Phone Ext.:Registrant FAX:Registrant FAX Ext.:Registrant Email:[email protected] ID:nit1160719561Admin Name:TOM ALCIEREAdmin Organization:TOM ALCIEREAdmin Street1:PO BOX 106Admin Street2:Admin Street3:Admin City:NASHUAAdmin State/Province:NHAdmin Postal Code:03061Admin Country:USAdmin Phone:+1.6038211347Admin Phone Ext.:Admin FAX:Admin FAX Ext.:Admin Email:[email protected] ID:nit1160719563Tech Name:TOM ALCIERETech Organization:TOM ALCIERETech Street1:PO BOX 106Tech Street2:Tech Street3:Tech City:NASHUATech State/Province:NHTech Postal Code:03061Tech Country:USTech Phone:+1.6038211347Tech Phone Ext.:Tech FAX:Tech FAX Ext.:Tech Email:[email protected] Server:NS1.OMNIS.COMName Server:NS2.OMNIS.COMName Server: Name Server: Name Server: Name Server: Name Server: Name Server: Name Server: Name Server: Name Server: Name Server: Name Server: DNSSEC:Unsigned

Search Whois | .ORG, The Public Interest Registry| Buy, Sell, Register .O... http://www.pir.org/get/whois?domain=maddfl.org

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Domain ID:D148081283-LRORDomain Name:MADDNE.ORGCreated On:11-Jun-2007 21:04:18 UTCLast Updated On:21-Jun-2010 17:23:26 UTCExpiration Date:11-Jun-2011 21:04:18 UTCSponsoring Registrar:Misk.com, Inc. (R119-LROR)Status:CLIENT TRANSFER PROHIBITEDRegistrant ID:nit116071740Registrant Name:TOM ALCIERERegistrant Organization:TOM ALCIERERegistrant Street1:PO BOX 106Registrant Street2:Registrant Street3:Registrant City:NASHUARegistrant State/Province:NHRegistrant Postal Code:03061Registrant Country:USRegistrant Phone:+1.6038211347Registrant Phone Ext.:Registrant FAX:Registrant FAX Ext.:Registrant Email:[email protected] ID:nit116071741Admin Name:TOM ALCIEREAdmin Organization:TOM ALCIEREAdmin Street1:PO BOX 106Admin Street2:Admin Street3:Admin City:NASHUAAdmin State/Province:NHAdmin Postal Code:03061Admin Country:USAdmin Phone:+1.6038211347Admin Phone Ext.:Admin FAX:Admin FAX Ext.:Admin Email:[email protected] ID:nit116071743Tech Name:TOM ALCIERETech Organization:TOM ALCIERETech Street1:PO BOX 106Tech Street2:Tech Street3:Tech City:NASHUATech State/Province:NHTech Postal Code:03061Tech Country:USTech Phone:+1.6038211347Tech Phone Ext.:Tech FAX:Tech FAX Ext.:Tech Email:[email protected] Server:NS1.OMNIS.COMName Server:NS2.OMNIS.COMName Server: Name Server: Name Server: Name Server: Name Server: Name Server: Name Server: Name Server: Name Server: Name Server: Name Server: DNSSEC:Unsigned

Search Whois | .ORG, The Public Interest Registry| Buy, Sell, Register .O... http://www.pir.org/get/whois?domain=maddNE.org

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Domain ID:D148082388-LRORDomain Name:MADDNY.ORGCreated On:11-Jun-2007 23:55:37 UTCLast Updated On:21-Jun-2010 17:23:41 UTCExpiration Date:11-Jun-2011 23:55:37 UTCSponsoring Registrar:Misk.com, Inc. (R119-LROR)Status:CLIENT TRANSFER PROHIBITEDRegistrant ID:nit1160719550Registrant Name:TOM ALCIERERegistrant Organization:TOM ALCIERERegistrant Street1:PO BOX 106Registrant Street2:Registrant Street3:Registrant City:NASHUARegistrant State/Province:NHRegistrant Postal Code:03061Registrant Country:USRegistrant Phone:+1.6038211347Registrant Phone Ext.:Registrant FAX:Registrant FAX Ext.:Registrant Email:[email protected] ID:nit1160719551Admin Name:TOM ALCIEREAdmin Organization:TOM ALCIEREAdmin Street1:PO BOX 106Admin Street2:Admin Street3:Admin City:NASHUAAdmin State/Province:NHAdmin Postal Code:03061Admin Country:USAdmin Phone:+1.6038211347Admin Phone Ext.:Admin FAX:Admin FAX Ext.:Admin Email:[email protected] ID:nit1160719553Tech Name:TOM ALCIERETech Organization:TOM ALCIERETech Street1:PO BOX 106Tech Street2:Tech Street3:Tech City:NASHUATech State/Province:NHTech Postal Code:03061Tech Country:USTech Phone:+1.6038211347Tech Phone Ext.:Tech FAX:Tech FAX Ext.:Tech Email:[email protected] Server:NS1.OMNIS.COMName Server:NS2.OMNIS.COMName Server: Name Server: Name Server: Name Server: Name Server: Name Server: Name Server: Name Server: Name Server: Name Server: Name Server: DNSSEC:Unsigned

Search Whois | .ORG, The Public Interest Registry| Buy, Sell, Register .O... http://www.pir.org/get/whois?domain=maddNY.org

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Domain ID:D157836390-LRORDomain Name:MADDPENNSYLVANIA.ORGCreated On:17-Dec-2009 16:32:45 UTCLast Updated On:15-Dec-2010 23:50:08 UTCExpiration Date:17-Dec-2011 16:32:45 UTCSponsoring Registrar:Misk.com, Inc. (R119-LROR)Status:CLIENT TRANSFER PROHIBITEDRegistrant ID:nit17120911320Registrant Name:TOM ALCIERERegistrant Organization:TOM ALCIERERegistrant Street1:PO BOX 106Registrant Street2:Registrant Street3:Registrant City:NASHUARegistrant State/Province:NHRegistrant Postal Code:03061Registrant Country:USRegistrant Phone:+1.6038211347Registrant Phone Ext.:Registrant FAX:Registrant FAX Ext.:Registrant Email:[email protected] ID:nit17120911321Admin Name:TOM ALCIEREAdmin Organization:TOM ALCIEREAdmin Street1:PO BOX 106Admin Street2:Admin Street3:Admin City:NASHUAAdmin State/Province:NHAdmin Postal Code:03061Admin Country:USAdmin Phone:+1.6038211347Admin Phone Ext.:Admin FAX:Admin FAX Ext.:Admin Email:[email protected] ID:nit17120911323Tech Name:TOM ALCIERETech Organization:TOM ALCIERETech Street1:PO BOX 106Tech Street2:Tech Street3:Tech City:NASHUATech State/Province:NHTech Postal Code:03061Tech Country:USTech Phone:+1.6038211347Tech Phone Ext.:Tech FAX:Tech FAX Ext.:Tech Email:[email protected] Server:NS1.OMNIS.COMName Server:NS2.OMNIS.COMName Server: Name Server: Name Server: Name Server: Name Server: Name Server: Name Server: Name Server: Name Server: Name Server: Name Server: DNSSEC:Unsigned

Search Whois | .ORG, The Public Interest Registry| Buy, Sell, Register .O... http://www.pir.org/get/whois?domain=MADDPENNSYLVANIA.ORG

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Exhibit G

Respondent’s “Whois” information for

STOPTHEMADDNESS.ORG

Search Whois



Domain ID:D106039303-LRORDomain Name:STOPTHEMADDNESS.ORGCreated On:07-Apr-2005 13:39:57 UTCLast Updated On:23-Mar-2010 12:29:54 UTCExpiration Date:07-Apr-2012 13:39:57 UTCSponsoring Registrar:Misk.com, Inc. (R119-LROR)Status:OKRegistrant ID:NIT050407039SU1Registrant Name:TOM ALCIERERegistrant Organization:TOM ALCIERERegistrant Street1:PO BOX 106Registrant Street2:Registrant Street3:Registrant City:NASHUARegistrant State/Province:NHRegistrant Postal Code:03061Registrant Country:USRegistrant Phone:+1.6038861333Registrant Phone Ext.:Registrant FAX:+1.6038861333Registrant FAX Ext.:Registrant Email:[email protected] ID:NIT050407039NPPAdmin Name:TOM ALCIEREAdmin Organization:TOM ALCIEREAdmin Street1:PO BOX 106Admin Street2:Admin Street3:Admin City:NASHUAAdmin State/Province:NHAdmin Postal Code:03061Admin Country:USAdmin Phone:+1.6038861333Admin Phone Ext.:Admin FAX:+1.6038861333Admin FAX Ext.:Admin Email:[email protected] ID:NIT050407039Z77Tech Name:TOM ALCIERETech Organization:TOM ALCIERETech Street1:PO BOX 106Tech Street2:Tech Street3:Tech City:NASHUATech State/Province:NHTech Postal Code:03061Tech Country:USTech Phone:+1.6038861333Tech Phone Ext.:Tech FAX:+1.6038861333Tech FAX Ext.:Tech Email:[email protected] Server:NS1.OMNIS.COMName Server:NS2.OMNIS.COMName Server: Name Server: Name Server: Name Server: Name Server: Name Server: Name Server: Name Server: Name Server: Name Server: Name Server: DNSSEC:Unsigned

Search Whois | .ORG, The Public Interest Registry| Buy, Sell, Register .O... http://www.pir.org/get/whois?domain=STOPTHEMADDNESS.ORG&S...

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Exhibit H

Print outs from Respondent’s website at

STOPTHEMADDNESS.ORG

MADD’s answer to this site

Supporting the rights of outvoted discrimination victims under 21Cops busted for

DWILawmakers busted for

DWIDrink responsibly, or don’t

drink.Precious right not to

drink.Free public awareness

posters

Changing the laws DWI crashes Amethyst Initiative DWI Defense Lawyers Nastygram

James Cline, 47

These college students, both 18, never gotthe chance to drink legally. Underagedrinking laws do not protect people underage. Here’s why.

A MADD success story

He was driving drunk 0.26% BAC, driving left of center,speeding, driving under suspension and leading police on achase, but at least he wasn’t drinking under age, a victoryfor MADD.

He crashed head-on into the students, but at least he wasn’tbuying for them, a victory for MADD.

While he racked up his eleven prior DWI’s, it’s not like theMADD activists were idly sitting around, playing cards,though. They were pushing for sting operations, kegregistration laws, counterfeit-resistant ID’s and harsherunderage drinking penalties. They don’t care about drunkdriving — they just hate everybody under 21, no matter howresponsibly the person drinks.

Outraged and stunned, the victims’ parents, and fellowstudents from Hiram College went to Columbus to lobby for acrackdown. They got SB 17 introduced, overwhelminglypassed and signed by the Governor. Ohio now has a tougherrepeat offender law, thanks to their efforts. Want results? Youdon’t need MADD. Just CLICK HERE.News-Herald ...Cached Andy’s ArmyWEWS-TV Channel 5 ...Cached News-Herald ...CachedCriminal record of suspect ...Cached

[Crash in Burton Twp., Ohio on 2 March 2006]

Stop the MADDness! http://stopthemaddness.org/

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Wasn’t MADD founded when Candy Lightner’s daughter got killed by a drunk driver whoonly got probation for it? Back then, they were mothers, and they were against drunkdriving. How times change.

WRAL-TV Channel 5News & RecordNews & ObserverThe Times News ...Cached

Neither MADD nor the legislators MADD lobbiescare about the carnage on the roads. They justhate everybody under 21 and want to trampletheir right to drink the beverage of their choice.To see the results, Click here.

Brian Anthony Reid, 21

“All penalties ought to be proportioned to the nature of the offense. No wise legislaturewill affix the same punishment to the crimes of theft, forgery, and the like, which theydo to those of murder and treason. Where the same undistinguishing severity is exertedagainst all offenses, the people are led to forget the real distinction in the crimesthemselves, and to commit the most flagrant with as little compunction as they do the


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lightest offenses.”—New Hampshire Constitution, Part the First, Article 18

When you treat innocent, responsible underage drinkers like criminals, like drunk drivers, byimposing similar fines and license suspensions, don’t expect them to have a lot of respect foryour government’s DWI laws. Underage drinking does not violate anybody’s rights, so theseverity of the offense is zero. (No matter how intensely you disagree, they still know that theseverity of the offense is still zero.) By punishing underage drinkers like drunk drivers you aretelling them that the severity of DWI offenses is also zero. If they report a drunk leaving theirparty, who is getting behind the wheel, they feel like traitors. Repeal the underage drinkinglaws. Respect for the laws must be earned by making the laws respectable.

MADD founder Candy Lightner left theorganization when it changed its missionfrom preventing drunk driving, topreventing drinking.

“It has become far more neo-prohibitionistthan I ever wanted or envisioned”

Note: MADD Canada does not promote prejudice andgovernment-sponsored violence against people younger than21. They support cracking down on drunk drivers. Whenthey expand their scope, it’s on driving while stoned onother stuff: http://www.madd.ca/english/news/high_drive_2005.html


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Exhibit I

Print outs from Respondent’s websites at

MADDCA.ORG

MADDFL.ORG

MADDNE.ORG

MADDNY.ORG

MADDPENNSYLVANIA.ORG

MADD is a 501(c)(3) organization. This site contains information about MADD.

MADD doesn’t care about drunk driving. MADD California is on a mission to prevent, by means ofunprovoked violence, the responsible enjoyment of alcoholic beverages by innocent citizens born

during the past 21 years.

A drunk Sacramento cop ran over this 13-year-old boy, killing him,and fled the scene. The cop got 2.5 to 5 years. Well, that’s one way

to prevent underage drinking.

KRCA-TV Channel 3 ...CachedSchool Bus Transportation News ...CachedPleads not guilty ...CachedHearing delayed to 15 December 2005 ...Cached

Preliminary hearing scheduled for 25 January 2006 ...CachedTrial starts 11 July 2006 ...CachedPleads no contest ...CachedKCRA-TV Channel 3 ...CachedKXTV-TV Channel 10 ...Cached

MADD California http://maddca.org/

1 of 4 3/23/2011 8:21 PM

Lauren Berglund, 20,never got a chance to

drink legally

This woman never got a chance to drink legally.She was walking home on Route 9 in BoulderCreek, California on 14 May 2007 when she gothit. The suspect is 40, tested 0.20%, was drivingon a suspended license, already had two DWIconvictions, and allegedly crashed into a guardrail several times before hitting her. But at leastshe wasn’t drinking under age.Santa Cruz Sentinel ... Santa Cruz Sentinel ... Obituary ...KSBW-TV Channel 8

April Dawn Jackson, 40, twoprior DWI’s, was free to buy

all the booze she wanted

“In 2005, 6,100 youth ages 15-20 were killed in traffic crashes—of those, 2,035 youth died in crashes involving alcohol.”http://madd.org/news/11493

RebeccaSiebenmorgen, 19

This woman never got a chance to drink legally. She was on herYamaha motorcycle headed north on Highway 1 about 10 km south ofHalf Moon Bay at 18:00 on 1 October 2005, when a Ford Rangerpickup truck drifted across the center line and hit her head-on. Thedriver, 47, fled the scene. He was charged with five felonies, includingsecond-degree murder and vehicular manslaughter under theinfluence of drugs.Santa Cruz Sentinel ... San Mateo Daily JournalObituary ... KRON-TV Channel 4

“Motor vehicle crashes are the leading cause of death for youth ages fifteen to twenty (NHTSA 1997).”U.S. Department of “Justice”

Shanice Patrice Carter, 18

This woman never got a chance todrink legally in California. The driverwho allegedly crossed onto thewrong side and killed her at age 18on 27 March 2007 faces felonycharges including drunk driving(0.16%). He is 63 years old.News 10 ... Cached

Roberto Vellanoweth, 63

“In 2005, 6,100 youth ages 15-20 were killed in traffic crashes—of those, 2,035 youth died in crashes involving alcohol.”http://madd.org/news/11493


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Sharmelia Jeffries,4 Feb. 1986 -2 Dec. 2003

On 2 December 2003 this girl waswalking to the bus stop after schoolat 19th Street and Martin LutherKing Boulevard in Oak Park,California minding her ownbusiness when a drunk driver, 50,0.17% BAC, with a suspendedlicense and three prior DWI’sstruck her and killed her, then keptdriving.KXTV-TV Channel 10 ... CachedKCRA-TV Channel 3 ... CachedKCRA-TV Channel 3 ... CachedSacramento County District Attorney ... Cached

Kenneth Bartholomew, 50

Research continues to show that young drivers 15 to 20 years old are more often involved in alcohol-related crashesthan any other comparable age group. Alcohol-crash involvement rates, share of the alcohol-crash problem andalcohol-crash risk all reach their peaks with young drivers, with the peaks for fatal crashes occurring at age 21.

http://madd.org/Media-Center/Media-Center/Media-Library/Statistics.aspx?Page=8

Danielle Woodruff,17

This girl was driving a 1990 Ford east on Route 20 westof Plantz Road, east of Marysville, California at 17:55PST on 14 January 2009 when a drunk driver, 50, in a1993 Mercury crossed onto her side and struck her headon. Another “teenager killed in a drunk driving crash”for the hate-mongering MADD bigots to add to themisleading statistics.

Appeal-Democrat ... CachedAppeal-Democrat ... Cached [sentence]KHSL-TV Channel 12 ... CachedAppeal-Democrat ... Cached KFSN-TV Channel 30 ... CachedSacramento Bee ... CachedKXTV-TV Channel 10 ... Cached

Lorenzo Flores-Aguilar, 50


3 of 4 3/23/2011 8:21 PM


4 of 4 3/23/2011 8:21 PM







posters


James Cline, 47








Florida MADD http://maddfl.org/

1 of 32 3/23/2011 8:25 PM

Wasn’t MADD founded when Candy Lightner’s daughter got killed by a drunk driver whoonly got probation for it? Back then, they were mothers, and they were against drunkdriving. How times change.

WRAL-TV Channel 5News & RecordNews & ObserverThe Times News ...Cached

Neither MADD nor the legislators MADD lobbiescare about the carnage on the roads. They justhate everybody under 21 and want to trampletheir right to drink the beverage of their choice.To see the results, Click here.

Brian Anthony Reid, 21

“All penalties ought to be proportioned to the nature of the offense. No wise legislaturewill affix the same punishment to the crimes of theft, forgery, and the like, which theydo to those of murder and treason. Where the same undistinguishing severity is exertedagainst all offenses, the people are led to forget the real distinction in the crimesthemselves, and to commit the most flagrant with as little compunction as they do thelightest offenses.”—New Hampshire Constitution, Part the First, Article 18


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When you treat innocent, responsible underage drinkers like criminals, like drunk drivers, byimposing similar fines and license suspensions, don’t expect them to have a lot of respect foryour government’s DWI laws. Underage drinking does not violate anybody’s rights, so theseverity of the offense is zero. (No matter how intensely you disagree, they still know that theseverity of the offense is still zero.) By punishing underage drinkers like drunk drivers you aretelling them that the severity of DWI offenses is also zero. If they report a drunk leaving theirparty, who is getting behind the wheel, they feel like traitors. Repeal the underage drinkinglaws. Respect for the laws must be earned by making the laws respectable.

MADD founder Candy Lightner left theorganization when it changed its missionfrom preventing drunk driving, topreventing drinking.

“It has become far more neo-prohibitionistthan I ever wanted or envisioned”

Note: MADD Canada does not promote prejudice andgovernment-sponsored violence against people younger than21. They support cracking down on drunk drivers. Whenthey expand their scope, it’s on driving while stoned onother stuff: http://www.madd.ca/english/news/high_drive_2005.html

Amanda Jax, 21


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posters


James Cline, 47








Nebraska Chapter, MADD http://maddne.org/

1 of 31 3/23/2011 8:26 PM







posters


James Cline, 47








New York State MADD http://maddny.org/

1 of 32 3/23/2011 8:26 PM







posters


James Cline, 47








Pennsylvania Chapter, Mothers Against Drunk Driving (MADD) http://maddpennsylvania.org/

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Exhibit J

Examples of web searches returning

Respondent’s websites

Exhibit K

Examples of Respondent’s use of the

MADD mark in meta data tags

c:\Temp\MADD California.htm Friday, March 25, 2011 8:23 AM

<HTML><HEAD><meta http-equiv="refresh" content="30;url=http://stopthemaddness.org">

<META NAME="DESCRIPTION" CONTENT="Information about Mothers Against Drunk Driving (MADD) California Chapter"><TITLE>MADD California</TITLE></HEAD><BODY><CENTER>MADD California MADD is a 501(c)(3) organization. This site contains information about MADD.<CENTER><IMG SRC="http://udadd.com/images/madd.jpg"></CENTER>MADD doesnt care about drunk driving. MADD California is on a mission to prevent, by means of unprovoked violence, the responsible enjoymentof alcoholic beverages by innocent citizens born during the past 21 years. <IMG SRC="http://stopthemaddness.org/images/ramirez.jpg" WIDTH="185" HEIGHT="136" ALIGN="LEFT">A drunk Sacramento cop ran over this 13-year-old boy, killing him, and fled the scene. The cop got 2.5 to 5 years. Well, thats one way to prevent underage drinking.

</CENTER>

 <A HREF="http://www.thekcrachannel.com/news/4554164/detail.html">KRCA-TV Channel 3</A> ...<A HREF="http://stopthemaddness.org/cached1/20050144.html" REL="NOFOLLOW">Cached</A> <A HREF="http://www.stnonline.com/stn/articlearchive/hit%20and%20run_0805.htm">School Bus Transportation News</A> ...<A HREF="http://stopthemaddness.org/cached1/20050171.html" REL="NOFOLLOW">Cached</A> <A HREF="http://www.news10.net/storyfull.asp?id=12774">Pleads not guilty</A> ...<A HREF="http://stopthemaddness.org/cached1/20050172.html" REL="NOFOLLOW">Cached</A> <A HREF="http://www.news10.net/storyfull2.aspx?storyid=14202">Hearing delayed to 15 December 2005</A> ...<A HREF="http://stopthemaddness.org/cached1/20050316.html" REL="NOFOLLOW">Cached</A> <A HREF="http://www.news10.net/storyfull2.aspx?storyid=14823">Preliminary hearing scheduled for 25 January 2006</A> ...<A HREF="http://stopthemaddness.org/cached1/20050341.html" REL="NOFOLLOW">Cached</A> <A HREF="http://www.kcra.com/news/7629818/detail.html">Trial starts 11 July 2006</A> ...<AHREF="http://stopthemaddness.org/cached1/20060025.html">Cached</A> <A HREf="http://www.sacbee.com/content/news/story/14276617p-15085971c.html">Pleads no contest</A> ...<A HREF="http://stopthemaddness.org/cached1/20060116.html">Cached</A> <A HREF="http://www.kcra.com/news/9493922/detail.html">KCRA-TV Channel 3</A> ...<A HREF="http://stopthemaddness.org/cached1/20060117.html">Cached</A> <A HREF="http://www.news10.net/storyfull2.aspx?storyid=18658">KXTV-TV Channel 10</A> ...<AHREF="http://stopthemaddness.org/cached1/20060118.html">Cached</A> <CENTER>Double Victims: Victims of the drinking age, victims of drunk drivers.</CENTER><TABLE><TR><TD WIDTH="130" VALIGN="TOP"><CENTER><IMG SRC=

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cohenju

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c:\Temp\Florida MADD.htm Friday, March 25, 2011 8:34 AM

<HTML><HEAD><TITLE>Florida MADD</TITLE><META NAME="DESCRIPTION" CONTENT="Mothers Against Drunk Driving is a 501(c)(3) Organization headquartered in Texas."><META NAME="KEYWORDS" CONTENT="MADD, Mothers Against Drunk Driving, Florida"></HEAD>

<BODY><CENTER>

<TABLE CELLPADDING="6"><TR>

<TD BGCOLOR="RED">Stop the MADDness!</TD>

<TD><CENTER><IMG SRC="http://stopthemaddness.org/images/not21.gif"></TD><TD><A HREF="http://www.ktre.com/Global/story.asp?S=9906356"><IMG SRC="http://stopthemaddness.org/images/jointhem1.jpg" WIDTH="131" HEIGHT="100"></A> MADDs answer to this site</TR></TABLE> Supporting the rights of outvoted discrimination victims under 21 <TABLE CELLPADDING="3" BORDER="2" BORDERCOLOR="BLACK"><TR><TD><CENTER><A HREF="http://stopthemaddness.org/cops.html">Cops busted for DWI</A></CENTER></TD><TD><CENTER><A HREF="http://stopthemaddness.org/pols.html">Lawmakers busted for DWI</A></CENTER></TD><TD><CENTER><A HREF="http://stopthemaddness.org/respon.html">Drink responsibly, or dont drink.</A></CENTER></TD><TD><CENTER><A HREF="http://stopthemaddness.org/religion.html">Precious right not to drink.</A></CENTER></TD><TD><CENTER><A HREF="http://stopthemaddness.org/posters.html">Free public awareness posters</A></CENTER></TD>

</TR><TR><TD><CENTER><A HREF="http://stopthemaddness.org/change.html">Changing the laws</A></CENTER></TD><TD><CENTER><A HREF="http://stopthemaddness.org/crashes.html">DWI crashes</A></CENTER></TD><TD><CENTER><A HREF="http://stopthemaddness.org/amethyst.html">Amethyst Initiative</A></CENTER></TD><TD><CENTER><A HREF="http://dwi-lawyers.us">DWI Defense Lawyers</A></TD><TD><CENTER><A HREF="http://stopthemaddness.org/nastygram.html">Nastygram</A></TD>

</TR></TABLE> 

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c:\Temp\Nebraska Chapter, MADD.htm Friday, March 25, 2011 8:35 AM

<HTML><HEAD><TITLE>Nebraska Chapter, MADD</TITLE><META NAME="DESCRIPTION" CONTENT="Mothers Against Drunk Driving is a 501(c)(3) Organization headquartered in Texas."><META NAME="KEYWORDS" CONTENT="Nebraska MADD, MADD, Mothers Against Drunk Driving"></HEAD>

<BODY><CENTER>





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c:\Temp\New York State MADD.htm Friday, March 25, 2011 8:36 AM

<HTML><HEAD><TITLE>New York State MADD</TITLE><META NAME="DESCRIPTION" CONTENT="Mothers Against Drunk Driving is a 501(c)(3) Organization headquartered in Texas."><META NAME="KEYWORDS" CONTENT="madd new york, Mothers Against Drunk Driving, new york madd, MADD NY"></HEAD>

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c:\Temp\Pennsylvania Chapter, Mothers Against Drunk Driving (MADD).htm Friday, March 25, 2011 8:36 AM

<HTML><HEAD><TITLE>Pennsylvania Chapter, Mothers Against Drunk Driving (MADD)</TITLE><META NAME="DESCRIPTION" CONTENT="Mothers Against Drunk Driving is a 501(c)(3) Organization headquartered in Texas."><META NAME="KEYWORDS" CONTENT="Pennsylvania, MADD, Mothers Against Drunk Driving"></HEAD>

<BODY><CENTER>





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Exhibit L

Copies of the Uniform Domain Name Dispute

Resolution Policy and the Rules for Uniform Domain

Name Dispute Resolution Policy from www.misk.com

Uniform Domain Name Dispute Resolution PolicyPolicy Adopted: August 26, 1999

Implementation Documents Approved: October 24, 1999

Notes:

1. This policy is now in effect. See www.icann.org/udrp/udrp-schedule.htm for the implementation schedule.

2. This policy has been adopted by all accredited domain-name registrars for domain names ending in .com,.net, and .org. It has also been adopted by certain managers of country-code top-level domains (e.g., .nu,.tv, .ws).

3. The policy is between the registrar (or other registration authority in the case of a country-code top-leveldomain) and its customer (the domain-name holder or registrant). Thus, the policy uses "we" and "our" torefer to the registrar and it uses "you" and "your" to refer to the domain-name holder.

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

1. Purpose. This Uniform Domain Name Dispute Resolution Policy (the "Policy") has been adopted by the Internet Corporation forAssigned Names and Numbers ("ICANN"), is incorporated by reference into your Registration Agreement, and sets forth the termsand conditions in connection with a dispute between you and any party other than us (the registrar) over the registration and useof an Internet domain name registered by you. Proceedings under Paragraph 4 of this Policy will be conducted according to theRules 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 us to maintain or renew a domain nameregistration, you hereby represent and warrant to us that (a) the statements that you made in your Registration Agreement arecomplete and accurate; (b) to your knowledge, the registration of the domain name will not infringe upon or otherwise violate therights of any third party; (c) you are not registering the domain name for an unlawful purpose; and (d) you will not knowingly usethe domain name in violation of any applicable laws or regulations. It is your responsibility to determine whether your domain nameregistration infringes or violates someone else's rights.

3. Cancellations, Transfers, and Changes. We will cancel, transfer or otherwise make changes to domain name registrationsunder the following circumstances:

a. subject to the provisions of Paragraph 8, our receipt of written or appropriate electronic instructions from you oryour 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 suchaction; and/or

c. our receipt of a decision of an Administrative Panel requiring such action in any administrative proceeding to whichyou 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 yourRegistration 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 atwww.icann.org/udrp/approved-providers.htm (each, a "Provider").

a. Applicable Disputes. You are required to submit to a mandatory administrative proceeding in the event that athird 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 thecomplainant has rights; and

(ii) you have no rights or legitimate interests in respect of the domain name; and

ICANN | Uniform Domain Name Dispute Resolution Policy http://www.icann.org/en/udrp/udrp-policy-24oct99.htm

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(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 followingcircumstances, in particular but without limitation, if found by the Panel to be present, shall be evidence of theregistration and use of a domain name in bad faith:

(i) circumstances indicating that you have registered or you have acquired the domain name primarilyfor the purpose of selling, renting, or otherwise transferring the domain name registration to thecomplainant 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 thedomain name; or

(ii) you have registered the domain name in order to prevent the owner of the trademark or servicemark from reflecting the mark in a corresponding domain name, provided that you have engaged in apattern of such conduct; or

(iii) you have registered the domain name primarily for the purpose of disrupting the business of acompetitor; 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 thecomplainant's mark as to the source, sponsorship, affiliation, or endorsement of your web site orlocation 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 aComplaint. When you receive a complaint, you should refer to Paragraph 5 of the Rules of Procedure in determininghow your response should be prepared. Any of the following circumstances, in particular but without limitation, iffound by the Panel to be proved based on its evaluation of all evidence presented, shall demonstrate your rights orlegitimate 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, thedomain name or a name corresponding to the domain name in connection with a bona fide offering ofgoods or services; or

(ii) you (as an individual, business, or other organization) have been commonly known by the domainname, 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 forcommercial 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 bysubmitting the complaint to that Provider. The selected Provider will administer the proceeding, except in cases ofconsolidation as described in Paragraph 4(f).

e. Initiation of Proceeding and Process and Appointment of Administrative Panel. The Rules of Procedurestate 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 complainantmay petition to consolidate the disputes before a single Administrative Panel. This petition shall be made to the firstAdministrative Panel appointed to hear a pending dispute between the parties. This Administrative Panel mayconsolidate before it any or all such disputes in its sole discretion, provided that the disputes being consolidated aregoverned 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 tothis Policy shall be paid by the complainant, except in cases where you elect to expand the Administrative Panelfrom one to three panelists as provided in Paragraph 5(b)(iv) of the Rules of Procedure, in which case all fees will besplit evenly by you and the complainant.

h. Our Involvement in Administrative Proceedings. We do not, and will not, participate in the administration orconduct of any proceeding before an Administrative Panel. In addition, we will not be liable as a result of anydecisions rendered by the Administrative Panel.

i. Remedies. The remedies available to a complainant pursuant to any proceeding before an Administrative Panel


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shall be limited to requiring the cancellation of your domain name or the transfer of your domain name registration tothe complainant.

j. Notification and Publication. The Provider shall notify us of any decision made by an Administrative Panel withrespect to a domain name you have registered with us. All decisions under this Policy will be published in full over theInternet, 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 inParagraph 4 shall not prevent either you or the complainant from submitting the dispute to a court of competentjurisdiction for independent resolution before such mandatory administrative proceeding is commenced or after suchproceeding is concluded. If an Administrative Panel decides that your domain name registration should be canceledor transferred, we will wait ten (10) business days (as observed in the location of our principal office) after we areinformed by the applicable Provider of the Administrative Panel's decision before implementing that decision. We willthen implement the decision unless we have received from you during that ten (10) business day period officialdocumentation (such as a copy of a complaint, file-stamped by the clerk of the court) that you have commenced alawsuit against the complainant in a jurisdiction to which the complainant has submitted under Paragraph 3(b)(xiii) ofthe Rules of Procedure. (In general, that jurisdiction is either the location of our principal office or of your address asshown in our Whois database. See Paragraphs 1 and 3(b)(xiii) of the Rules of Procedure for details.) If we receivesuch documentation within the ten (10) business day period, we will not implement the Administrative Panel'sdecision, and we will take no further action, until we receive (i) evidence satisfactory to us of a resolution betweenthe parties; (ii) evidence satisfactory to us that your lawsuit has been dismissed or withdrawn; or (iii) a copy of anorder from such court dismissing your lawsuit or ordering that you do not have the right to continue to use yourdomain name.

5. All Other Disputes and Litigation. All other disputes between you and any party other than us regarding your domain nameregistration that are not brought pursuant to the mandatory administrative proceeding provisions of Paragraph 4 shall be resolvedbetween 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 usregarding the registration and use of your domain name. You shall not name us as a party or otherwise include us in any suchproceeding. In the event that we are named as a party in any such proceeding, we reserve the right to raise any and all defensesdeemed 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 domainname registration under this Policy except as provided in Paragraph 3 above.

8. Transfers During a Dispute.

a. Transfers of a Domain Name to a New Holder. You may not transfer your domain name registration to anotherholder (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 towhom the domain name registration is being transferred agrees, in writing, to be bound by the decision of the courtor arbitrator. We reserve the right to cancel any transfer of a domain name registration to another holder that ismade in violation of this subparagraph.

b. Changing Registrars. You may not transfer your domain name registration to another registrar during a pendingadministrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15) business days (asobserved in the location of our principal place of business) after such proceeding is concluded. You may transferadministration 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 proceedingscommenced against you in accordance with the terms of this Policy. In the event that you transfer a domain nameregistration to us during the pendency of a court action or arbitration, such dispute shall remain subject to the domainname 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 ourrevised Policy at least thirty (30) calendar days before it becomes effective. Unless this Policy has already been invoked by thesubmission of a complaint to a Provider, in which event the version of the Policy in effect at the time it was invoked will apply toyou 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 thisPolicy, your sole remedy is to cancel your domain name registration with us, provided that you will not be entitled to a refund ofany fees you paid to us. The revised Policy will apply to you until you cancel your domain name registration.


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Rules for Uniform Domain Name Dispute Resolution Policy(the "Rules")

As approved by the ICANN Board of Directors on 30 October 2009.

These Rules are in effect for all UDRP proceedings in which a complaint is submitted to a provider on or after 1 March2010. The prior version of the Rules, applicable to all proceedings in which a complaint was submitted to a Provider onor before 28 February 2010, is at http://www.icann.org/en/dndr/udrp/uniform-rules-24oct99-en.htm. UDRP Providers mayelect to adopt the notice procedures set forth in these Rules prior to 1 March 2010.

Administrative proceedings for the resolution of disputes under the Uniform Dispute Resolution Policy adopted by ICANN shall begoverned by these Rules and also the Supplemental Rules of the Provider administering the proceedings, as posted on its website. To the extent that the Supplemental Rules of any Provider conflict with these Rules, these Rules supersede.

1. Definitions

In these Rules:

Complainant means the party initiating a complaint concerning a domain-name registration.

ICANN refers to the Internet Corporation for Assigned Names and Numbers.

Mutual Jurisdiction means a court jurisdiction at the location of either (a) the principal office of the Registrar(provided the domain-name holder has submitted in its Registration Agreement to that jurisdiction for courtadjudication of disputes concerning or arising from the use of the domain name) or (b) the domain-name holder'saddress as shown for the registration of the domain name in Registrar's Whois database at the time the complaint issubmitted to the Provider.

Panel means an administrative panel appointed by a Provider to decide a complaint concerning a domain-nameregistration.

Panelist means an individual appointed by a Provider to be a member of a Panel.

Party means a Complainant or a Respondent.

Policy means the Uniform Domain Name Dispute Resolution Policy that is incorporated by reference and made apart of the Registration Agreement.

Provider means a dispute-resolution service provider approved by ICANN. A list of such Providers appears atwww.icann.org/udrp/approved-providers.htm .

Registrar means the entity with which the Respondent has registered a domain name that is the subject of acomplaint.

Registration Agreement means the agreement between a Registrar and a domain-name holder.

Respondent means the holder of a domain-name registration against which a complaint is initiated.

Reverse Domain Name Hijacking means using the Policy in bad faith to attempt to deprive a registereddomain-name holder of a domain name.

Supplemental Rules means the rules adopted by the Provider administering a proceeding to supplement theseRules. Supplemental Rules shall not be inconsistent with the Policy or these Rules and shall cover such topics asfees, word and page limits and guidelines, file size and format modalities, the means for communicating with theProvider and the Panel, and the form of cover sheets.

Written Notice means hardcopy notification by the Provider to the Respondent of the commencement of anadministrative proceeding under the Policy which shall inform the respondent that a complaint has been filed againstit, and which shall state that the Provider has electronically transmitted the complaint including any annexes to theRespondent by the means specified herein. Written notice does not include a hardcopy of the complaint itself or ofany annexes.

2. Communications

(a) When forwarding a complaint, including any annexes, electronically to the Respondent, it shall be the Provider's

ICANN | Rules for Uniform Domain Name Dispute Resolution Policy http://www.icann.org/en/dndr/udrp/uniform-rules.htm

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responsibility to employ reasonably available means calculated to achieve actual notice to Respondent. Achievingactual notice, or employing the following measures to do so, shall discharge this responsibility:

(i) sending Written Notice of the complaint to all postal-mail and facsimile addresses (A) shown in thedomain name's registration data in Registrar's Whois database for the registered domain-name holder,the technical contact, and the administrative contact and (B) supplied by Registrar to the Provider forthe registration's billing contact; and

(ii) sending the complaint, including any annexes, in electronic form by e-mail to:

(A) the e-mail addresses for those technical, administrative, and billing contacts;

(B) postmaster@<the contested domain name>; and

(C) if the domain name (or "www." followed by the domain name) resolves to an activeweb page (other than a generic page the Provider concludes is maintained by a registraror ISP for parking domain-names registered by multiple domain-name holders), any e-mail address shown or e-mail links on that web page; and

(iii) sending the complaint, including any annexes, to any e-mail address the Respondent has notifiedthe Provider it prefers and, to the extent practicable, to all other e-mail addresses provided to theProvider by Complainant under Paragraph 3(b)(v).

(b) Except as provided in Paragraph 2(a), any written communication to Complainant or Respondent provided forunder these Rules shall be made electronically via the Internet (a record of its transmission being available), or byany reasonably requested preferred means stated by the Complainant or Respondent, respectively (see Paragraphs3(b)(iii) and 5(b)(iii)).

(c) Any communication to the Provider or the Panel shall be made by the means and in the manner (including, whereapplicable, the number of copies) stated in the Provider's Supplemental Rules.

(d) Communications shall be made in the language prescribed in Paragraph 11.

(e) Either Party may update its contact details by notifying the Provider and the Registrar.

(f) Except as otherwise provided in these Rules, or decided by a Panel, all communications provided for under theseRules shall be deemed to have been made:

(i) if via the Internet, on the date that the communication was transmitted, provided that the date oftransmission is verifiable; or, where applicable

(ii) if delivered by telecopy or facsimile transmission, on the date shown on the confirmation oftransmission; or:

(iii) if by postal or courier service, on the date marked on the receipt.

(g) Except as otherwise provided in these Rules, all time periods calculated under these Rules to begin when acommunication is made shall begin to run on the earliest date that the communication is deemed to have been madein accordance with Paragraph 2(f).

(h) Any communication by

(i) a Panel to any Party shall be copied to the Provider and to the other Party;

(ii) the Provider to any Party shall be copied to the other Party; and

(iii) a Party shall be copied to the other Party, the Panel and the Provider, as the case may be.

(i) It shall be the responsibility of the sender to retain records of the fact and circumstances of sending, which shallbe available for inspection by affected parties and for reporting purposes. This includes the Provider in sendingWritten Notice to the Respondent by post and/or facsimile under Paragraph 2(a)(i).

(j) In the event a Party sending a communication receives notification of non-delivery of the communication, the Partyshall promptly notify the Panel (or, if no Panel is yet appointed, the Provider) of the circumstances of the notification.Further proceedings concerning the communication and any response shall be as directed by the Panel (or theProvider).

3. The Complaint


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(a) Any person or entity may initiate an administrative proceeding by submitting a complaint in accordance with thePolicy and these Rules to any Provider approved by ICANN. (Due to capacity constraints or for other reasons, aProvider's ability to accept complaints may be suspended at times. In that event, the Provider shall refuse thesubmission. The person or entity may submit the complaint to another Provider.)

(b) The complaint including any annexes shall be submitted in electronic form and shall:

(i) Request that the complaint be submitted for decision in accordance with the Policy and these Rules;

(ii) Provide the name, postal and e-mail addresses, and the telephone and telefax numbers of theComplainant and of any representative authorized to act for the Complainant in the administrativeproceeding;

(iii) Specify a preferred method for communications directed to the Complainant in the administrativeproceeding (including person to be contacted, medium, and address information) for each of (A)electronic-only material and (B) material including hard copy (where applicable);

(iv) Designate whether Complainant elects to have the dispute decided by a single-member or a three-member Panel and, in the event Complainant elects a three-member Panel, provide the names andcontact details of three candidates to serve as one of the Panelists (these candidates may be drawnfrom any ICANN-approved Provider's list of panelists);

(v) Provide the name of the Respondent (domain-name holder) and all information (including any postaland e-mail addresses and telephone and telefax numbers) known to Complainant regarding how tocontact Respondent or any representative of Respondent, including contact information based onpre-complaint dealings, in sufficient detail to allow the Provider to send the complaint as described inParagraph 2(a);

(vi) Specify the domain name(s) that is/are the subject of the complaint;

(vii) Identify the Registrar(s) with whom the domain name(s) is/are registered at the time the complaintis filed;

(viii) Specify the trademark(s) or service mark(s) on which the complaint is based and, for each mark,describe the goods or services, if any, with which the mark is used (Complainant may also separatelydescribe other goods and services with which it intends, at the time the complaint is submitted, to usethe mark in the future.);

(ix) Describe, in accordance with the Policy, the grounds on which the complaint is made including, inparticular,

(1) the manner in which the domain name(s) is/are identical or confusingly similar to atrademark or service mark in which the Complainant has rights; and

(2) why the Respondent (domain-name holder) should be considered as having no rightsor legitimate interests in respect of the domain name(s) that is/are the subject of thecomplaint; and

(3) why the domain name(s) should be considered as having been registered and beingused in bad faith

(The description should, for elements (2) and (3), discuss any aspects of Paragraphs 4(b) and 4(c) ofthe Policy that are applicable. The description shall comply with any word or page limit set forth in theProvider's Supplemental Rules.);

(x) Specify, in accordance with the Policy, the remedies sought;

(xi) Identify any other legal proceedings that have been commenced or terminated in connection with orrelating to any of the domain name(s) that are the subject of the complaint;

(xii) State that a copy of the complaint, including any annexes, together with the cover sheet asprescribed by the Provider's Supplemental Rules, has been sent or transmitted to the Respondent(domain-name holder), in accordance with Paragraph 2(b);

(xiii) State that Complainant will submit, with respect to any challenges to a decision in theadministrative proceeding canceling or transferring the domain name, to the jurisdiction of the courts in


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at least one specified Mutual Jurisdiction;

(xiv) Conclude with the following statement followed by the signature (in any electronic format) of theComplainant or its authorized representative:

"Complainant agrees that its claims and remedies concerning the registration of thedomain name, the dispute, or the dispute's resolution shall be solely against thedomain-name holder and waives all such claims and remedies against (a) the dispute-resolution provider and panelists, except in the case of deliberate wrongdoing, (b) theregistrar, (c) the registry administrator, and (d) the Internet Corporation for AssignedNames and Numbers, as well as their directors, officers, employees, and agents ."

"Complainant certifies that the information contained in this Complaint is to the best ofComplainant's knowledge complete and accurate, that this Complaint is not beingpresented for any improper purpose, such as to harass, and that the assertions in thisComplaint are warranted under these Rules and under applicable law, as it now exists oras it may be extended by a good-faith and reasonable argument ."; and

(xv) Annex any documentary or other evidence, including a copy of the Policy applicable to the domainname(s) in dispute and any trademark or service mark registration upon which the complaint relies,together with a schedule indexing such evidence.

(c) The complaint may relate to more than one domain name, provided that the domain names are registered by thesame domain-name holder.

4. Notification of Complaint

(a) The Provider shall review the complaint for administrative compliance with the Policy and these Rules and, if incompliance, shall forward the complaint, including any annexes, electronically to the Respondent and shall sendWritten Notice of the complaint (together with the explanatory cover sheet prescribed by the Provider's SupplementalRules) to the Respondent, in the manner prescribed by Paragraph 2(a), within three (3) calendar days followingreceipt of the fees to be paid by the Complainant in accordance with Paragraph 19 .

(b) If the Provider finds the complaint to be administratively deficient, it shall promptly notify the Complainant and theRespondent of the nature of the deficiencies identified. The Complainant shall have five (5) calendar days withinwhich to correct any such deficiencies, after which the administrative proceeding will be deemed withdrawn withoutprejudice to submission of a different complaint by Complainant.

(c) The date of commencement of the administrative proceeding shall be the date on which the Provider completesits responsibilities under Paragraph 2(a) in connection with sending the complaint to the Respondent.

(d) The Provider shall immediately notify the Complainant, the Respondent, the concerned Registrar(s), and ICANNof the date of commencement of the administrative proceeding.

5. The Response

(a) Within twenty (20) days of the date of commencement of the administrative proceeding the Respondent shallsubmit a response to the Provider.

(b) The response, including any annexes, shall be submitted in electronic form and shall:

(i) Respond specifically to the statements and allegations contained in the complaint and include anyand all bases for the Respondent (domain-name holder) to retain registration and use of the disputeddomain name (This portion of the response shall comply with any word or page limit set forth in theProvider's Supplemental Rules.);

(ii) Provide the name, postal and e-mail addresses, and the telephone and telefax numbers of theRespondent (domain-name holder) and of any representative authorized to act for the Respondent inthe administrative proceeding;

(iii) Specify a preferred method for communications directed to the Respondent in the administrativeproceeding (including person to be contacted, medium, and address information) for each of (A)electronic-only material and (B) material including hard copy (where applicable);

(iv) If Complainant has elected a single-member panel in the complaint (see Paragraph 3(b)(iv)), statewhether Respondent elects instead to have the dispute decided by a three-member panel;


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(v) If either Complainant or Respondent elects a three-member Panel, provide the names and contactdetails of three candidates to serve as one of the Panelists (these candidates may be drawn from anyICANN-approved Provider's list of panelists);

(vi) Identify any other legal proceedings that have been commenced or terminated in connection with orrelating to any of the domain name(s) that are the subject of the complaint;

(vii) State that a copy of the response including any annexes has been sent or transmitted to theComplainant, in accordance with Paragraph 2(b); and

(viii) Conclude with the following statement followed by the signature (in any electronic format) of theRespondent or its authorized representative:

" Respondent certifies that the information contained in this Response is to the best ofRespondent's knowledge complete and accurate, that this Response is not beingpresented for any improper purpose, such as to harass, and that the assertions in thisResponse are warranted under these Rules and under applicable law, as it now exists oras it may be extended by a good-faith and reasonable argument ."; and

(ix) Annex any documentary or other evidence upon which the Respondent relies, together with aschedule indexing such documents.

(c) If Complainant has elected to have the dispute decided by a single-member Panel and Respondent elects athree-member Panel, Respondent shall be required to pay one-half of the applicable fee for a three-member Panelas set forth in the Provider's Supplemental Rules. This payment shall be made together with the submission of theresponse to the Provider. In the event that the required payment is not made, the dispute shall be decided by asingle-member Panel.

(d) At the request of the Respondent, the Provider may, in exceptional cases, extend the period of time for the filingof the response. The period may also be extended by written stipulation between the Parties, provided thestipulation is approved by the Provider.

(e) If a Respondent does not submit a response, in the absence of exceptional circumstances, the Panel shall decidethe dispute based upon the complaint.

6. Appointment of the Panel and Timing of Decision

(a) Each Provider shall maintain and publish a publicly available list of panelists and their qualifications.

(b) If neither the Complainant nor the Respondent has elected a three-member Panel ( Paragraphs 3(b)(iv) and5(b)(iv)), the Provider shall appoint, within five (5) calendar days following receipt of the response by the Provider, orthe lapse of the time period for the submission thereof, a single Panelist from its list of panelists. The fees for asingle-member Panel shall be paid entirely by the Complainant.

(c) If either the Complainant or the Respondent elects to have the dispute decided by a three-member Panel, theProvider shall appoint three Panelists in accordance with the procedures identified in Paragraph 6(e). The fees for athree-member Panel shall be paid in their entirety by the Complainant, except where the election for a three-memberPanel was made by the Respondent, in which case the applicable fees shall be shared equally between the Parties.

(d) Unless it has already elected a three-member Panel, the Complainant shall submit to the Provider, within five (5)calendar days of communication of a response in which the Respondent elects a three-member Panel, the namesand contact details of three candidates to serve as one of the Panelists. These candidates may be drawn from anyICANN-approved Provider's list of panelists.

(e) In the event that either the Complainant or the Respondent elects a three-member Panel, the Provider shallendeavor to appoint one Panelist from the list of candidates provided by each of the Complainant and theRespondent. In the event the Provider is unable within five (5) calendar days to secure the appointment of a Paneliston its customary terms from either Party's list of candidates, the Provider shall make that appointment from its list ofpanelists. The third Panelist shall be appointed by the Provider from a list of five candidates submitted by theProvider to the Parties, the Provider's selection from among the five being made in a manner that reasonablybalances the preferences of both Parties, as they may specify to the Provider within five (5) calendar days of theProvider's submission of the five-candidate list to the Parties.

(f) Once the entire Panel is appointed, the Provider shall notify the Parties of the Panelists appointed and the dateby which, absent exceptional circumstances, the Panel shall forward its decision on the complaint to the Provider.

7. Impartiality and Independence


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A Panelist shall be impartial and independent and shall have, before accepting appointment, disclosed to the Provider anycircumstances giving rise to justifiable doubt as to the Panelist's impartiality or independence. If, at any stage during theadministrative proceeding, new circumstances arise that could give rise to justifiable doubt as to the impartiality or independenceof the Panelist, that Panelist shall promptly disclose such circumstances to the Provider. In such event, the Provider shall have thediscretion to appoint a substitute Panelist.

8. Communication Between Parties and the Panel

No Party or anyone acting on its behalf may have any unilateral communication with the Panel. All communications between aParty and the Panel or the Provider shall be made to a case administrator appointed by the Provider in the manner prescribed inthe Provider's Supplemental Rules.

9. Transmission of the File to the Panel

The Provider shall forward the file to the Panel as soon as the Panelist is appointed in the case of a Panel consisting of a singlemember, or as soon as the last Panelist is appointed in the case of a three-member Panel.

10. General Powers of the Panel

(a) The Panel shall conduct the administrative proceeding in such manner as it considers appropriate in accordancewith the Policy and these Rules.

(b) In all cases, the Panel shall ensure that the Parties are treated with equality and that each Party is given a fairopportunity to present its case.

(c) The Panel shall ensure that the administrative proceeding takes place with due expedition. It may, at the requestof a Party or on its own motion, extend, in exceptional cases, a period of time fixed by these Rules or by the Panel.

(d) The Panel shall determine the admissibility, relevance, materiality and weight of the evidence.

(e) A Panel shall decide a request by a Party to consolidate multiple domain name disputes in accordance with thePolicy and these Rules.

11. Language of Proceedings

(a) Unless otherwise agreed by the Parties, or specified otherwise in the Registration Agreement, the language ofthe administrative proceeding shall be the language of the Registration Agreement, subject to the authority of thePanel to determine otherwise, having regard to the circumstances of the administrative proceeding.

(b) The Panel may order that any documents submitted in languages other than the language of the administrativeproceeding be accompanied by a translation in whole or in part into the language of the administrative proceeding.

12. Further Statements

In addition to the complaint and the response, the Panel may request, in its sole discretion, further statements or documents fromeither of the Parties.

13. In-Person Hearings

There shall be no in-person hearings (including hearings by teleconference, videoconference, and web conference), unless thePanel determines, in its sole discretion and as an exceptional matter, that such a hearing is necessary for deciding the complaint.

14. Default

(a) In the event that a Party, in the absence of exceptional circumstances, does not comply with any of the timeperiods established by these Rules or the Panel, the Panel shall proceed to a decision on the complaint.

(b) If a Party, in the absence of exceptional circumstances, does not comply with any provision of, or requirementunder, these Rules or any request from the Panel, the Panel shall draw such inferences therefrom as it considersappropriate.

15. Panel Decisions

(a) A Panel shall decide a complaint on the basis of the statements and documents submitted and in accordancewith the Policy, these Rules and any rules and principles of law that it deems applicable.

(b) In the absence of exceptional circumstances, the Panel shall forward its decision on the complaint to the Provider


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within fourteen (14) days of its appointment pursuant to Paragraph 6 .

(c) In the case of a three-member Panel, the Panel's decision shall be made by a majority.

(d) The Panel's decision shall be in writing, provide the reasons on which it is based, indicate the date on which itwas rendered and identify the name(s) of the Panelist(s).

(e) Panel decisions and dissenting opinions shall normally comply with the guidelines as to length set forth in theProvider's Supplemental Rules. Any dissenting opinion shall accompany the majority decision. If the Panel concludesthat the dispute is not within the scope of Paragraph 4(a) of the Policy, it shall so state. If after considering thesubmissions the Panel finds that the complaint was brought in bad faith, for example in an attempt at ReverseDomain Name Hijacking or was brought primarily to harass the domain-name holder, the Panel shall declare in itsdecision that the complaint was brought in bad faith and constitutes an abuse of the administrative proceeding.

16. Communication of Decision to Parties

(a) Within three (3) calendar days after receiving the decision from the Panel, the Provider shall communicate the fulltext of the decision to each Party, the concerned Registrar(s), and ICANN. The concerned Registrar(s) shallimmediately communicate to each Party, the Provider, and ICANN the date for the implementation of the decision inaccordance with the Policy.

(b) Except if the Panel determines otherwise (see Paragraph 4(j) of the Policy), the Provider shall publish the fulldecision and the date of its implementation on a publicly accessible web site. In any event, the portion of anydecision determining a complaint to have been brought in bad faith (see Paragraph 15(e) of these Rules) shall bepublished.

17. Settlement or Other Grounds for Termination

(a) If, before the Panel's decision, the Parties agree on a settlement, the Panel shall terminate the administrativeproceeding.

(b) If, before the Panel's decision is made, it becomes unnecessary or impossible to continue the administrativeproceeding for any reason, the Panel shall terminate the administrative proceeding, unless a Party raises justifiablegrounds for objection within a period of time to be determined by the Panel.

18. Effect of Court Proceedings

(a) In the event of any legal proceedings initiated prior to or during an administrative proceeding in respect of adomain-name dispute that is the subject of the complaint, the Panel shall have the discretion to decide whether tosuspend or terminate the administrative proceeding, or to proceed to a decision.

(b) In the event that a Party initiates any legal proceedings during the pendency of an administrative proceeding inrespect of a domain-name dispute that is the subject of the complaint, it shall promptly notify the Panel and theProvider. See Paragraph 8 above.

19. Fees

(a) The Complainant shall pay to the Provider an initial fixed fee, in accordance with the Provider's SupplementalRules, within the time and in the amount required. A Respondent electing under Paragraph 5(b)(iv) to have thedispute decided by a three-member Panel, rather than the single-member Panel elected by the Complainant, shallpay the Provider one-half the fixed fee for a three-member Panel. See Paragraph 5(c). In all other cases, theComplainant shall bear all of the Provider's fees, except as prescribed under Paragraph 19(d). Upon appointment ofthe Panel, the Provider shall refund the appropriate portion, if any, of the initial fee to the Complainant, as specifiedin the Provider's Supplemental Rules.

(b) No action shall be taken by the Provider on a complaint until it has received from Complainant the initial fee inaccordance with Paragraph 19(a).

(c) If the Provider has not received the fee within ten (10) calendar days of receiving the complaint, the complaintshall be deemed withdrawn and the administrative proceeding terminated.

(d) In exceptional circumstances, for example in the event an in-person hearing is held, the Provider shall request theParties for the payment of additional fees, which shall be established in agreement with the Parties and the Panel.

20. Exclusion of Liability

Except in the case of deliberate wrongdoing, neither the Provider nor a Panelist shall be liable to a Party for any act or omission in


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connection with any administrative proceeding under these Rules.

21. Amendments

The version of these Rules in effect at the time of the submission of the complaint to the Provider shall apply to the administrativeproceeding commenced thereby. These Rules may not be amended without the express written approval of ICANN.


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