Legal

1.Introduction and Purpose

These Digity Registry Domain Name Policies (“Policies”) describe the rules that govern the registration of domain names in the .CASE top-level domain ("TLD") operated by Digity LLC (“Registry” or "Registry Operator”).

This document provides certain protections to the various entities described in this document, complies with ICANN’s requirements for the TLD, and describes many of the rules governing Registrants in relation to the TLD.

2.Definitions

In this document:

“Accredited Registrar” or “Registrar” means a domain name registrar that is (i) accredited by ICANN and (ii) has entered into a Registry-Registrar Agreement (“RRA”) with the Registry.

“Allocation” means the method by which a domain name is created and assigned to an Applicant. “Allocated” shall have a corresponding meaning.

“Applicant” means a natural person, company or organization in whose name an Application is submitted.

“Application” means the complete and technically correct request for the registration or renewal of a domain name, which complies with this policy and any other policy issued by Registry or ICANN.

“Available Names” means names that have not been reserved, restricted, registered, awarded, or otherwise allocated prior to the Registry’s receipt of a Registration Request.

“CentralNic Registrar Console” means the console provided by CentralNic available at https://registrar-console.centralnic.com.

“Domain Names” or “Names” means second-level domain names under the TLD.

“ICANN” means the Internet Corporation for Assigned Names and Numbers, its successors and assigns.

“ICANN Requirements” means the Registry’s obligations under the Registry Agreement between Registry and ICANN, as it may be subsequently modified or amended, and all ICANN Consensus Policies applicable to the TLD.

“Registrant” or “You” refers to an Applicant that has submitted a Registration Request that has been paid for in full and accepted by the Registry. A Registrant is the holder of a registered name in the TLD.

“Registration” means a Name that has been accepted by the Registry in accordance with the terms of the Registry-Registrar Agreement and the Registry Policies for registration during a specified term.

“Registration Data” means any and all data relating to Registration of any Name, including without limitation the Registrant name, contact information, IP addresses, billing information, nameserver delegations and Registrar information.

“Registration Request” is an application submitted by an Accredited Registrar on behalf of an Applicant to register a Name.

“Registry”, “Registry Operator”, “We” or “Us” is Digity LLC.

“Registrar” means an entity that has executed an RRA and so is authorized to offer domain name registration services in relation to the TLD.

“Registry Policies” means these policies, and other policies, as amended from time to time by the Registry and posted as Policies on the Registry Website.

“Registry-Registrar Agreement” is the agreement between Registry and Accredited Registrars, as amended from time to time.

“Registry Reserved Names” are names that the Registry Operator has reserved from registration by third parties.

“Registry System” means the system maintained by the Registry and/or its technical providers to operate the TLD.

“Registry Website” means http://nic.case.

“Service” means the services that we provide in relation to the TLD.

“TLD” means the .CASE top-level domain operated by Registry Operator.

“We,” “us” and “our” means Digity LLC, the Registry Operator of the TLD.

3.General Provisions

3.1Registration of Domain Names

Registration Requests for Domain Names may be submitted only by an Accredited Registrar.

Available Names will be allocated via Accredited Registrars on a first-come, first-served basis subject to the Registry Policies and ICANN Requirements.

The Registry will not accept a Registration Request for a Name unless it meets the following technical and syntax requirements:

if ASCII, consist exclusively of the letters A-Z (case insensitive), the numbers 0-9, and hyphens;
if non-ASCII (e.g., IDN), consist of language scripts offered by the Registry (as specified on the Registry Website);
not begin or end with a hyphen;
not exceed 63 characters;
contains at least one character; and,
not contain two or more consecutive hyphens, except where they appear in the 3rd and 4th positions, when preceded by "xn";

The Registry may impose further syntax and technical requirements as necessary for the operation of IDNs or other Names in the TLD.

The Registry may reject an Application, or may delete, revoke, suspend, cancel or transfer a Registration under the following criteria:

to enforce Registry Policies and/or ICANN Requirements, each as amended from time to time;
when we are provided incomplete or accurate information required by ICANN Requirements and/or Registry Policies, or where required information is not updated and/or corrected as required by ICANN Requirements and/or Registry Policies;
to protect the integrity and stability of the Registry System, its operations, and the TLD;
to comply with any applicable law, regulation, holding, order, or decision issued by a court, administrative authority, or dispute resolution service provider;
to establish, assert, or defend the legal rights of the Registry or a third party or to avoid any civil or criminal liability on the part of the Registry and/or its affiliates, subsidiaries, officers, directors, representatives, employees, contractors, service providers and/or stockholders;
to correct mistakes made by the Registry or any Accredited Registrar in connection with an Application or Registration; or
as otherwise provided in any Registry Policy, in the Registry-Registrar Agreement and/or any other applicable Agreement.

3.2Requirements for Application

There are no eligibility restrictions or prerequisites limiting which Applicants may apply for Domain Names in the TLD.

By submitting an Application, the Applicant acknowledges that the Application, and if successful the subsequent Registration of the domain name, are subject to this and other Registry Policies. Applicants must supply all necessary information regarding a Domain Name that may be required by Registry Operator, as described in these Policies or any other applicable policy of Registry Operator or ICANN.

3.3Term

Names may be registered for a period of no less than one (1) year and no more than ten (10) years, commencing on the date on which the Application submitted by the Accredited Registrar is accepted by the Registry. All Applications must specify the registration period (the “Term”). It is the obligation of the Accredited Registrar, and not the Registry, to notify a Registrant in advance of the termination or expiration (for any reason) of a Registration.

3.4Availability of Domain Names

The Registry has reserved certain names from registration in the TLD (“Registry Reserved Names”). The Registry reserves the right to reserve additional names as Registry Reserved Names at any time in its sole discretion, and to allocate such names in accordance with ICANN Requirements and Registry Policies. Registry Reserved Names will ordinarily not be posted.

The Registry may allocate these names from time to time in its discretion via (i) request for proposal; (ii) auction; (iii) premium domain sales; and/or (iv) other reasonable mechanisms consistent with relevant ICANN contracts and consensus policies.

3.5Representations and Warranties

Without limiting any other agreement or policy, by submitting an Application for a Domain Name, an Applicant represents and warrants that:

it has the authority to make the Application;
its registration of the desired domain name will not violate any applicable laws;
it will not use the domain name in violation of any applicable laws;
the information provided is current, complete, and accurate, and the Applicant agrees to promptly correct and update the information to ensure that it remains current, complete, and accurate.

The Applicant understands and acknowledges:

that the act of submitting an Application for a Name in no way guarantees that Name will be Allocated to the Applicant;
as further described in these Policies, Registry maintains broad discretion to transfer, delete, lock, suspend, or otherwise take action against any Name that is abusive or violates applicable law or the rights of any third party;
that the fees in relation to a Name are separate to any fee paid in relation to any Auction process; and,
Registry Operator may prevent an Applicant from making an Application and registering or renewing a domain name where that Applicant has been found to be in breach of ICANN Requirements and/or Registry Policies.

By submitting an Application for a Name, the Applicant agrees:

to be subject to these Registry Policies and any other policy posted by Registry Operator
that any Name may be subject to a dispute resolution process, and that the outcome of such process may result in the Name registration being transferred to another entity, being suspended or cancelled;
to indemnify and keep us (including our employees, agents and subcontractors) fully indemnified from and against all suits, actions, claims, demands, losses, liabilities, damages, costs and expenses that may be made or brought against or suffered or incurred by us arising out of or in connection in any way with Applicant’s or Registrant’s breach of any Registry Policy;
there is no guarantee that the Applicant will be allocated the domain names requested in the application; and,
the Registry takes no responsibility for any mistakes in the Application, including without limitation misspellings, errors in processing or payment.

3.6Measures for Names to Avoid Confusion with Corresponding Country Codes

Without limiting any other agreement or policy, by submitting an Application for any “letter/letter” two-character ASCII label domain name (for example, aa.case or LL.case), Applicant represents and warrants that Applicant will take steps to ensure against misrepresenting or falsely implying that the registrant or its business is affiliated with a government or country-code manager. if such affiliation, sponsorship or endorsement does not exist. If an Applicant violates the foregoing warranty, then the relevant Name may be suspended, transferred and/or deleted without notice.

The Applicant understands and acknowledges that Registry Operator shall take reasonable steps to investigate and respond to any reports from governmental agencies and ccTLD operators of conduct that is alleged to cause confusion with the corresponding country code in connection with the use of a letter/letter two-character ACSCII Name.

4.Dispute Policies

All Registrants agree to abide by any determinations made via the Registry’s dispute resolution procedures, including the Uniform Domain Name Dispute Resolution Policy (http://www.icann.org/en/help/dndr/udrp), Uniform Rapid Suspension Policy (http://newgtlds.icann.org/en/applicants/urs), and Transfer Dispute Resolution Policy (http://www.icann.org/en/help/dndr/tdrp).

5.Registration Data Policy

5.1Dissemination of Domain Registration Data

Registry Operator is required to collect and provide domain name registration information ("Registration Data") for a variety of purposes. Registry Operator may provide access to Registration Data through a standard text-based network protocol on Port 43. Registration Data can also be accessed using a standard web interface at the Registry Website. Both interfaces are publicly available at no cost to the user and are reachable worldwide. This service is available to any Internet user and its use does not require prior authorization or permission.

Access to Registration Data is provided to third parties who seek to determine the contents of a Name's Registration record. Registration Data is provided for informational purposes only; Registry Operator does not guarantee Registration Data accuracy.

5.2Terms of Use

By accessing Registration Data from the Registry Operator, you agree to use the Registration Data only for lawful purposes ,and that under no circumstances will you use the Registration Data to:

allow, enable, or otherwise support the transmission by e-mail, telephone, or facsimile of mass unsolicited, commercial advertising or solicitations to any entities (other than your existing customers from whom you collected such information with their knowledge and permission);
enable high volume, automated, electronic processes that send queries or data to the systems of the Registry Operator or any ICANN-accredited registrar, except as reasonably necessary to register domain names or modify existing registrations; or
collect or attempt to collect any large portion of our database contents.

Users who collect Registration Data for any of the above purposes are prohibited from publishing such Registration Data.

Information regarding Registration Data policy generally, and educational materials, may be found on ICANN’s website at http://lookup.icann.org.

6 Acceptable Use and Anti-Abuse Policy

Registry Operator is committed to the stable and secure operation of the TLD. Abusive use of Domain Names creates security and stability issues for registries, registrars and registrants - as well as for users of the Internet in general. Accordingly, the Registry Operator requires that Domain Names in its TLDs adhere to this Acceptable Use and Anti-Abuse Policy ("AUP").

Registry Operator may address abusive behavior in its TLD consistent with this AUP. Registry Operator provides an abuse point of contact through an e-mail address posted on the Registry Website. This e-mail address will allow multiple staff members to monitor and address abuse reports. Registry Operator also provides a web form for complaints on the Registry Website. Registry Operator reserves the right, at its sole discretion and at any time and without limitation, to deny, suspend, cancel, redirect, or transfer any registration or transaction, or place any Domain Name(s) on registry lock, hold, or similar status as it determines necessary for any of the following reasons:

to comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process;
to avoid any liability, civil or criminal, on the part of Registry Operator, its affiliates, subsidiaries, officers, directors, contracted parties, agents, or employees;
to comply with the terms of the Registry Agreement, RRA and/or any Registry Policy;
where registrant fails to keep Registration information accurate or up-to-date;
Domain Name use is abusive or violates the AUP, or a third party's rights or acceptable use policies, including but not limited to the infringement of any copyright or trademark;
to correct mistakes made by Registry Operator or any Registrar in connection with a Domain Name Registration; or
during investigation of any dispute.

Abusive use of a Name is described as an illegal, disruptive, malicious, or fraudulent action and includes, without limitation, the following as determined in the sole discretion of Registry:

any violation of any third party’s intellectual property rights, including, but not limited to, trademark, copyright, patent or trade secret;
distribution of malware;
dissemination of software designed to infiltrate or damage a computer system without the owner's’ informed consent, including, without limitation, computer viruses, worms, keyloggers, trojans, and fake antivirus products;
phishing, or any attempt to acquire sensitive information such as usernames, passwords, and credit card details by masquerading as a trustworthy entity in an electronic communication;
DNS hijacking or poisoning;
spam, including using electronic messaging systems to send unsolicited bulk messages, including but not limited to e-mail spam, instant messaging spam, mobile messaging spam, and the spamming of Internet forums;
botnets, including malicious fast-flux hosting;
denial-of-service attacks;
Child Sexual Abuse Material (CSAM), or any pornographic or obscene material;
promotion, encouragement, sale, or distribution of prescription medication without a valid prescription in violation of applicable law;
illegal access of computers or networks;
cyber-bullying, harassment, or other forms of abuse to individuals or groups;
incitement to violence or other unlawful actions;
failure by registrant of a two-character SLD to take steps to ensure against misrepresenting or falsely implying that it is affiliated with the corresponding government or country-code manager, if such affiliation, sponsorship or endorsement does not exist; and/or,
holding oneself out as a licensed practitioner when such license doesn’t exist.

7.DNSSEC Practice Statement

Registry functions for the TLD are supported by CentralNic Ltd. For information on its DNSSEC practices, please see the CentralNic DNSSEC Practice Statement, located at https://centralnicregistry.com/support/policies/dps, and incorporated herein by reference.

8.Privacy Policy

Registry Operator will handle Registration Data provided to it by Registrars and Registrants in accordance with this privacy policy (“Privacy Policy”).

PLEASE READ THIS PRIVACY POLICY CAREFULLY. BY ACCESSING OR USING THE SERVICES, YOU EXPRESSLY AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. BY ACCESSING OR USING THE SERVICES, YOU ALSO EXPRESSLY AGREE THAT YOU ARE AT LEAST 18 YEARS OF AGE OR ABOVE THE AGE OF MAJORITY IN YOUR COUNTRY. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, THEN DO NOT USE THE SERVICES.

Registry Operator reserves the right to modify this Privacy Policy from time to time without notice, such changes will be available on the Registry Website. Each time you access or use the Services, you will be bound by the then-effective Privacy Policy. Continued use of a Domain Name constitutes access or use of the Services.

External Websites

The Registry Website and the Services may contain links to external websites. The Registry Operator is not responsible for and cannot control the content or privacy practices of other entities. These entities may have their own privacy policies and we do not accept any responsibility or liability for these policies. Please check these policies before you submit any Personal Data to their websites.

Use of the Internet

The transmission of information via the Internet is not secure. Further, communicating via the Internet and other electronic means necessarily involves personal information passing through or being handled by third parties such as Internet service providers, who may be located anywhere in the world. Registry Operator cannot guarantee the security of any information transmitted over the Internet. Any such transmission of information is at your own risk.

Information Collection

Registry Operator collects certain data from its Accredited Registrars and from Registrants, including without limitation Registration Data. Registry Operator may also collect information relating to your usage of Domain Names in the TLD, such as whether a Domain Name is used in connection with a live website, or for email. Registry Operator may also collect information when you visit the Registry Website or utilize any Service, including without limitation IP addresses, device information, and other personal identifiable information transmitted to or collected by us. All of the foregoing is collectively “Collected Information”. The Registry Operator shall take reasonable steps to protect Collected Information from loss, misuse, unauthorized disclosure, alteration, or destruction.

Our site may use cookies to keep track of your session information and to provide you with customized information. We may link the information we store in cookies to personally identifiable information you submit while on our site. We may use both session ID cookies and persistent cookies. A session ID cookie expires when you close your browser. A persistent cookie remains on your hard drive for an extended period of time. You can remove persistent cookies by following directions provided by your internet browser (ex: Mozilla Firefox or Internet Explorer). If you are referred to our website through an ad or a partner, we will store the referral information in the cookies.

Use of Collected Information

Registry Operator may share zone file data (such as Domain Names and name servers) with third parties for any lawful purpose. Registry Operator may also share Registration Data with vendors, data escrow agents, consultants and other service providers (“Service Providers”) engaged by or working with Registry Operator. Registry Operator is not responsible for the actions of Service Providers or other third parties, nor is the Registry Operator responsible for any additional information provided directly to these Service Providers or other third parties by Registrars or Registrants.

However, in addition to using cookies and related technologies as described above, we also may permit certain third party companies to help us tailor advertising that we think may be of interest to users and to collect and use other data about user activities on our Services (e.g., to allow them to tailor ads on third party services). These companies may deliver ads that might also place cookies and otherwise track user behavior across third party websites.

We use Google Analytics’ 3rd-party audience data such as age, gender and interests to better understanding the behavior of our customers and work with companies that collect information about your online activities to provide advertising targeted to suit your interests and preferences. For example, you may see certain ads on this website or other websites because we contract with Google and other similar companies to target our ads based on information we or they have collected, including information that was collected through automated means (such as cookies and web beacons). These companies also use automated technologies to collect information when you click on our ads, which helps track and manage the effectiveness of our marketing efforts.

You may opt out of the automated collection of information by third-party ad networks for the purpose of delivering advertisements tailored to your interests, by editing your Google Display Network ads’ preferences at http://www.google.com/ads/preferences/. For further information regarding the privacy practices of our advertisement provider, please visit http://www.google.com/privacypolicy.html.

Protection of Personal Data

The Registry Operator has endeavored to put into place and maintain reasonable security measures in an effort to protect the security of non-public personal information while it is under the Registry Operator’ control. Please be aware, however, that despite the Registry Operator’s commercially reasonable efforts, no security measures are perfect or impenetrable.

Transfer of Ownership

We reserve the right to transfer ownership of the Registry Operator, its subsidiaries, or the Services (including all Collected Information) to a third party in the event of a sale, merger, liquidation, receivership or transfer of all or substantially all of the assets of us, a subsidiary or line of business associated with the Registry Operator. Such a transaction may involve the disclosure of Collected Information to prospective or actual purchasers.

Contact Opt-out

Notwithstanding anything in this Privacy Policy, Registry Operator may notify Accredited Registrars and Registrants of new products of the Registry Operator or a third party, announcements, upgrades and updates through in-house channels or third-party agents. Users may opt-out of these promotional mailings by sending an email with their name to: admin@digity.case or by contacting us at the mailing address below:

Digity LLC

2229 South Michigan Ave., Suite 303
Chicago, IL 60616. (USA)

Registry Operator reserves the right to send email related to business practices and systems operations, such as outage notifications and quota warnings, even if you have opted out of promotional mailings.

Contacting Us

If you have any questions about this Privacy Policy or the Registry Operator’s practices relating to the Services, you can contact us at admin@digity.case.

For California Residents

California residents may request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email admin@digity.case.

For Non-US Residents

The website is hosted in the US and is intended for and directed to users in the US. The laws of the US apply to your use of this website. By submitting information to Registry or any Accredited Registrar, such information is being transmitted to the US and you consent to that transfer.

For EU and UK Citizens

The website is hosted in the United States and is intended for and directed to users in the United States. Nevertheless, the following applies to any EU or UK citizens that we collect data about. CentralNIC is the controller of your data. Your right to be forgotten will be honored and if you request, CentralNIC will permanently erase all collected data about you. Please email support@centralnic.com to make this request. Otherwise, your data may be stored indefinitely and used in accord with this Privacy Policy.

Sunrise Dispute Resolution Policy

Overview

Digity LLC (“Registry”) is committed to ensuring that all rights holders have adequate protections for their intellectual property assets. This Sunrise Dispute Resolution Policy (the “SDRP”) is incorporated by reference into the Registration Agreement. An SDRP Complaint may be filed against a domain name registered in the .case TLD during its sunrise period, until 10 days after the close of the sunrise period.

Purpose

Domain names in the .case TLD (“the TLD”) can be registered by third parties or reserved by the Registry. This SDRP describes the process and standards that will be applied to resolve challenges alleging that a domain name has been registered, or has been declined to be registered, in violation of the Registry’s SDRP criteria. This SDRP will not be applied to Registry-reserved names in the TLD.

Applicable Disputes

A registered domain name in the TLD will be subject to an administrative proceeding upon submission of a complaint that the Sunrise Registration was improper because a registered domain name in the TLD does not comply with the provisions of the Registry’s Sunrise Program.

The complainant must prove one or more of the following elements:

i. at time the challenged domain name was registered, the registrant did not hold a trademark registration of national effect (or regional effect) or the trademark had not been court-validated or protected by statute or treaty;

ii. the domain name is not identical to the mark on which the registrant based its Sunrise registration;[2] or

iii. the trademark registration on which the registrant based its Sunrise registration is not of national effect (or regional effect), and the trademark had not been court-validated or protected by statute or treaty.

SDRP Filing Process and Deadline

Any SDRP claim brought under this Policy for domain names registered in the TLD shall be filed by email to admin@digity.case before ten (10) days after the close of the sunrise period. A single arbitrator from the International Center for Dispute Resolution (“ICDR”) will be retained to resolve the dispute, entirely at the complainant’s expense. If arbitration fees and deposits are not timely paid by the complainant, then the complaint will be dismissed.

Evidence and Defense

a. Evidence

The arbitrator will review the Registry’s Sunrise Criteria, allocation requirements, or community-based eligibility requirements which are required to be submitted with the Complaint, as applicable, in making its decision.

b. Defense -- Harmless Error

A Respondent may produce evidence to show that, although the sunrise registration was granted based on submission of the wrong documents, or documents containing an error, the true and correct evidence existed at the time the sunrise registration was applied for and, thus, the registration would have been granted.

Remedy

If the arbitrator finds that the domain name was improperly registered during the Sunrise period, then the complainant’s sole remedy shall be cancellation of the registration and return of the cancelled domain name to the pool of available names available for registration in the TLD. If the complainant independently qualifies to register the domain name, then such application may be made to the Registry, or registrar, as applicable.

Procedure

After the Registry forwards the complaint to the ICDR and to the respondent, neither the Registry nor registrar will participate in the administration or conduct of any proceeding before the ICDR. In any event, neither the Registry nor the registrar is or will be liable as a result of any decisions rendered by the arbitrator. Any sunrise-registered domain names in the TLD involved in a SDRP proceeding will be locked against transfer to another domain name holder or another registrar during the course of a proceeding.[3] The contact details of the holder of a registered domain name in the TLD, against which a complaint has been filed, will be as shown in the registrar’s publicly available registration database record for the relevant registrant. The Registry and the applicable registrar will comply with any Panelist decision and make all appropriate changes to the status of the domain name registration(s) in their registration databases.

a. Parties

The registrant of a registered domain name in the TLD shall be promptly notified by the Registry of the commencement of a dispute under this SDRP, and may contest the allegations of the complaint or show other cause why the remedy requested in the complaint should not be granted in accordance with this SDRP. In all cases, the burden of proof shall be on the complainant, and default or other failure of the holder of the registered domain name shall not constitute an admission to any allegation of the complaint. The ICDR shall promptly notify all named parties in the dispute, as well as the registrar and the Registry of any decision made by an arbitrator.

b. Decisions

(i) The arbitrator may state the basis on which the decision is issued in summary format and may include such commentary or guidance as the arbitrator deems appropriate; and,

(ii) the decision shall state whether a registered domain name in the TLD is to be cancelled or the status quo maintained.

c. Implementation of a Lock and the Decision

If the arbitrator’s decision requires a change to the status of a registered domain name, the Registry[4] will wait ten (10) business days after communication of the decision before implementing that decision, unless the registrant submits to the Registry (with a copy to the ICDR) during that ten (10) day period official documentation (such as a copy of a complaint, file-stamped by the clerk of the court) that the registrant has commenced a lawsuit to preserve its claimed rights in a court of competent jurisdiction over the parties and the registered domain name. If such documentation is received no further action shall be taken until the Registry receives (i) evidence satisfactory to the Registry of an agreed resolution between the parties; (ii) evidence satisfactory to Registry that registrant’s lawsuit has been dismissed or withdrawn; or (iii) a copy of an order from such court dismissing such lawsuit or otherwise directing disposition of the registered domain name.

d. Representations and Warranties

Parties to a dispute under this SDRP shall warrant that all factual allegations made in the course thereof are true and correct to the best of their knowledge, shall remain subject to all representations and warranties made in the course of registration of a disputed domain name.

Indemnification / Hold Harmless

The parties shall hold the registrar, the Registry, the ICDR, and the arbitrator harmless from any claim arising from operation of the SDRP. Neither party may name the registrar, the Registry, the ICDR, or the arbitrator as a party or otherwise include the registrar, the Registry, the ICDR, or the arbitrator in any judicial proceeding relating to the dispute or the administration of the SDRP policy. The parties shall indemnify, defend and hold harmless the registrar, the Registry, the ICDR, the arbitrator and their respective employees, contractors, agents and service providers from any claim arising from the conduct or result of a proceeding under this SDRP. Neither the registrar, the Registry, ICDR, the arbitrator and their respective employees, contractors, agents and service providers shall be liable to a party for any act or omission in connection with any administrative proceeding under this SDRP or the corresponding Rules.

The complainant shall be directly and solely liable to the registrant in the event the complaint is granted in circumstances where the registrant is lawfully entitled to registration and use of the registered domain name(s) in the TLD.

Relation To Other Dispute Resolution Policies

This SDRP is in addition to and complementary with the Uniform Domain Name Dispute Resolution Policy (“UDRP”), the Uniform Rapid Suspension System (“URS”) and any charter, nexus, or eligibility dispute policies adopted by ICANN or the Registry.

Effect of Other Proceedings

The administrative proceeding under the SDRP shall not prevent either party from submitting a dispute concerning the registered domain name in the TLD to concurrent proceedings or to a court of competent jurisdiction for independent resolution during a pending SDRP proceeding or after such proceeding is concluded. Upon notice of such other proceeding, the SDRP proceeding may be terminated (in the sole discretion of the Panelist) in deference to the outcome of such other proceeding.

[1] Applicant Guidebook 4 June 2012, Module 5, Page 8, Article 6.2.4. A dispute under this section also addresses the TLD Criteria from ICANN’s Trademark Clearinghouse Rights Protection Mechanism Requirements [published 30 September 2013], Article 2.3.6 and Article 2.3.1.4. The SDRP does not interact with (nor instruct) the Trademark Clearinghouse and is limited to adjudicating disputes over the Registry’s registration and allocation of domain names during the sunrise period.

[2] For the purposes of analysis of this element, neither the gTLD itself, nor the “dot,” shall be considered.

[3] A Registry may, through its agreement with registrars, instead require the registrar to perform the lock and/or implementation steps.

10.Modification; Dispute Resolution

Subject to all relevant contracts between Registry, Registrar and/or ICANN, Registry reserves the right to modify any of these Policies at its sole discretion upon ninety (90) days prior written notice. Your continued use of any Domain Name after such period shall be subject to the amended Policies.

These Registry Policies, and all use of our Services, shall be governed by the laws of the State of Illinois (USA). Any controversy or claim arising out of or relating to any of these Policies or any of our Services, or the breach thereof, shall be settled by arbitration administered by the International Center for Dispute Resolution, decided by a single arbitrator, in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.