ICANN Rules Paragraph 1
From the ADR Decisions.eu wiki
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 court adjudication of disputes concerning or arising from the use of the domain name) or (b) the domain-name holder's address as shown for the registration of the domain name in Registrar's Whois database at the time the complaint is submitted to the Provider.
Panel means an administrative panel appointed by a Provider to decide a complaint concerning a domain-name registration.
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 a part of the Registration Agreement.
Provider means a dispute-resolution service provider approved by ICANN. A list of such Providers appears at www.icann.org/udrp/approved-providers.htm.
Registrar means the entity with which the Respondent has registered a domain name that is the subject of a complaint.
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 registered domain-name holder of a domain name.
Supplemental Rules means the rules adopted by the Provider administering a proceeding to supplement these Rules. Supplemental Rules shall not be inconsistent with the Policy or these Rules and shall cover such topics as fees, word and page limits and guidelines, file size and format modalities, the means for communicating with the Provider and the Panel, and the form of cover sheets.
Written Notice means hardcopy notification by the Provider to the Respondent of the commencement of an administrative proceeding under the Policy which shall inform the respondent that a complaint has been filed against it, and which shall state that the Provider has electronically transmitted the complaint including any annexes to the Respondent by the means specified herein. Written notice does not include a hardcopy of the complaint itself or of any annexes.
History
The revision of 30 October 2009 introduced the new definition of Written Notice, and modified the definition of Supplemental Rules as follows:
- Supplemental Rules means the rules adopted by the Provider administering a proceeding to supplement these Rules. Supplemental Rules shall not be inconsistent with the Policy or these Rules and shall cover such topics as fees, word and page limits and guidelines, file size and format modalities, the means for communicating with the Provider and the Panel, and the form of cover sheets.
In WIPO's corresponding letter to ICANN these amendments were explained as follows:
- The definition of Supplemental Rules has been amended to clarify that matters such as file size and format modalities may appropriately be addressed through Provider Supplemental Rules. Provider guidance on such technical modalities is expected by WIPO to be a practical necessity in the context of an electronic-only filing model to ensure that the technical aspects of the system, including the notification process, operate predictably. Although some comments called for a minimization of Provider discretion at the level of the Supplemental Rules, it is neither desirable nor practicable to seek to address such technical matters at the level of the UDRP Rules. A degree of Provider flexibility at the operational level is necessary in order to take account of technological developments in areas such as format type and file compression. Such flexibility is already implicit in the existing definition of Supplemental Rules.
- A definition of Written Notice has been added to clarify that the Provider’s responsibility on notification includes sending written notification of the commencement of a UDRP proceeding to the respondent by post (and facsimile). This is intended to more directly address comments made in some submissions that appeared to point to the possibility of domain name registrants having defective or inaccurate email addresses, or using a spam filter. Such possibilities were addressed in the original WIPO eUDRP proposal through the (then as such undefined) concept of written notice as explained in the WIPO letter of December 30, 2008, and the operation of that concept with the communication provisions described in paragraph 2 of the Rules. The included definition of Written Notice simply clarifies the Provider’s obligation in this regard.
Notes
(to be added)
