.JP DOMAIN NAME PURCHASE AGREEMENT
1. General Rules and Definitions.
This Domain Purchase Agreement (this "Agreement"), which includes the ancillary documents referred to herein, constitutes your agreement with Solis/Japan Registry brand name of GMO Internet Inc., a Japanese corporation, with its principal place of business at CERULEAN TOWER,Sakuragaoka-cho 26-1,Shibuya-ku, Tokyo 150-8512 Japan ("Solis") with respect to your use of Solis' domain name registration, administration and renewal services (the "Services"). You must abide by all of the terms and conditions contained in this Agreement in order to use the Services.
(b) Use of the Services by you constitutes your agreement with the terms and conditions of this Agreement. Solis reserves the right, at its discretion, to change, modify, add or remove portions of this Agreement at any time. Notification of changes in the Services will be posted on Solis' web site, or sent via e-mail, or postal mail.
(c) IF THESE OPERATING RULES OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, OR CAUSE YOU TO NO LONGER BE IN COMPLIANCE WITH THIS AGREEMENT, YOU MAY REQUEST YOU'RE YOUR DOMAIN NAME REGISTRATION BE CANCELLED OR TRANSFERRED (SEE SECTION 8). YOUR CONTINUED USE OF THE SERVICES NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN SUCH RULES, ECT. WILL CONSTITUTE A BINDING ACCEPTANCE BY YOU OF SUCH RULES, CHANGES, OR MODIFICATIONS.
(d) Solis may change, suspend or discontinue any aspect of the Services at any time, including the availability of any of the Services. Solis may also suspend, cancel or transfer your domain name registration under certain circumstances without notice or liability.
2. Domain Name Registration, Administration, and Renewal Services.
(a) Solis is an accredited registrar for .jp domains. JPNIC and JPRS oversee the .jp top level domains. Solis accepts applications to register and renew domain names with .jp domains in both roman-alphabet languages and non-roman alphabet languages (i.e., Shift-JIS Japanese).
(b) As an accredited domain name registrar, Solis is, upon accepting your application to register or renew a domain name with a .jp, your sponsor for that application. All .jp domain name registrations we register or renew are not effective until we have delivered the domain name registration or renewal information you provide us to the registry administrator for .jp domains, as applicable, and the registry administrator puts into effect your domain name registration or renewal. Currently, the registry administrator for .jp domains is JPRS.
(c) You acknowledge that you have read, understood and agree to be bound by all terms and conditions of JPNIC and JPRS' "Rules for JP Domain Name Dispute Resolution Policy" (http://www.japanregistry.com/rules_for_jp_dispute_res.php) and "JP Domain Name Dispute Resolution Policy" (http://www.japanregistry.com/jp_dispute_res.php), as amended from time to time, which are hereby incorporated by reference and made a part of this Agreement for all .jp domain name registrations or renewals.
(d) In addition to registering and renewing .jp domains, Solis also registers and renews various country code top level domains, including, but not limited to, .com, .net, and .org. The registry administrator varies by individual country code and/or domain. By agreeing to the terms and conditions set forth in this Agreement, you are also agreeing to be bound by the rules and regulations set forth by these registry administrators for their respective registries only. (Click here for the terms and conditions of each available domain.)
(e) Actual use of .jp domains is currently scheduled to commence on May 7, 2001. You acknowledge that there is no guarantee that the domains will be useable at such time. Please keep yourself updated by watching for technical and news updates at the JPNIC web site (http://www.nic.ad.jp).
3. No Guarantee of Registration or Renewal. You acknowledge and agree that Solis cannot guarantee that you will be able to register or renew a desired domain name, even if an inquiry indicates that domain name is available, since Solis cannot know with certainty whether or not the domain name which you are seeking to register is simultaneously being sought by a third party, or whether there are any inaccuracies or errors in the domain name registration or renewal process or related databases, including the various WHOIS databases. You further acknowledge and agree that Solis may elect to accept or reject your application for registration or renewal for any reason at its sole discretion, such rejection including, but not limited to, rejection due to a request for registration or renewal of a prohibited domain name. You also acknowledge and agree that Solis is not liable or responsible in any way for any errors, omissions or any other actions by any registry administrator arising out of or related to your application for and registration of, renewal of, or failure to register or renew a particular domain name. You additionally agree to indemnify, defend and hold harmless the applicable registry administrator and its directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses) arising out of, or related to, your application for and registration of, renewal of, or failure to register or renew, a particular domain name.
4. No Guarantee of Proper Translation. You acknowledge and agree that Solis cannot guarantee that its non-roman alphabet language registration service will be error-free, in that Solis cannot know with certainty whether or not the non-roman alphabet language domain name you are seeking to register or renew will be translated properly by JPRS' Domain Name System. Furthermore, you acknowledge that Solis or the registry administrator may be required to suspend, modify or cancel your non-roman alphabet language registration in order to comply with new JPNIC, JPRS, ICANN and/or IETF rules, regulations or standards which apply to such registrations.
5. Representations and Warranties.
(a) By applying to register a domain name, or by asking us to maintain or renew a domain name registration, you hereby represent and warrant to us that (a) the statements that you made in connection with such registration, maintenance, or renewal are complete and accurate; (b) to your knowledge, the registration of the domain name will not infringe upon or otherwise violate the rights of any third party; (c) you are not registering the domain name for an unlawful purpose; and (d) you will not knowingly use the domain name in violation of any applicable laws or regulations. You agree and acknowledge that it is your responsibility to determine whether your domain name registration infringes or violates someone else's rights, including, but not limited to, whether any foreign language translations of your domain name, either between roman-alphabet languages, between non-roman alphabet languages, or between roman-alphabet and non-roman alphabet languages, infringe or violate someone else's rights.
(b) THE SERVICES ARE PROVIDED TO YOU "AS IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. WITHOUT ANY LIMITATION TO THE FOREGOING, Solis MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE OF A DOMAIN NAME UNDER THIS AGREEMENT WILL IMMUNIZE YOU EITHER FROM CHALLENGES TO YOUR DOMAIN NAME REGISTRATION, OR FROM SUSPENSION, CANCELLATION OR TRANSFER OF THE DOMAIN NAME REGISTERED TO YOU.
6. "Coming Soon" Web Page. All new domain names registered through Solis may be pointed to a "Coming Soon" web page, which tells visitors that you have recently registered your domain name at Solis (or our service name). If for any reason you do not wish to have your domain name pointed to a "Coming Soon" web page, please notify our Customer Support team.
7. Fees and Payments.
(a) As consideration for the Services, you agree to pay Solis, upon submission of your domain name application, renewal application or registrar transfer application to Solis, the then-current fees set forth in Solis' price schedule for such services. Solis' current price schedule is located at http://www.japanregistry.com/fees.php and is hereby incorporated by reference. All fees are non-refundable, in whole or in part, even if your domain name registration is suspended, cancelled or transferred prior to the end of your then current registration term. Without limiting the foregoing, you acknowledge and agree that no refunds will be granted for cancellations by Solis due to spamming or other violations of this Agreement by you. Solis reserves the right to change fees and surcharges, or to institute new fees at any time, for any reason, at its sole discretion.
(b) Your domain name application, renewal application, or registrar transfer request will not be submitted to the applicable registry unless we receive actual payment of the registration, renewal, or transfer fee, or reasonable assurance of payment of the registration, renewal, or transfer fee from some other entity (such reasonable assurance as determined by Solis in its sole discretion).
(c) You may submit a wire transfer for purchases where this is an option. Registration is always held until receiving bank notifies Solis of receipt of your wire. Wire transfers must include a 2000 yen wire transfer fee on top of any services ordered. Upon receiving notification, registration will be submitted. You acknowledge that someone may have registered the same domain that you have requested before your payment is processed. In such cases where the requested domain has been taken by another party during this period, there are no refunds, but you will have the option to purchase another available domain.
(d) In the event of a charge back by a credit card company (or similar action by another payment provider allowed by us) or other non-payment by you in connection with your payment of the registration, renewal, or registrar transfer fee, you acknowledge and agree that the registration shall be transferred to Solis as the entity that has paid the registration, renewal, or transfer fee for that registration to the registry, and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase and the right to disable and/or remove the domain and any associated services at anytime. We will reinstate any such registration solely at our discretion, and subject to our receipt of the applicable registration, renewal, or transfer fee and our then-current reinstatement fee, currently set at 50,000 yen.
(e) The administrative contact for a domain name will be notified at least thirty (30) days before a renewal fee is due. Unless you instruct us otherwise by contacting Customer Support, your domain name registration will be automatically renewed for a two-year registration term. In consideration for this automatic renewal, we will charge the credit card you used to secure the initial term of registration with us our then-current renewal fee. Should you wish to change either your billing information or the term of your renewal registration, you must do so at least forty-eight (48) hours before the day that the domain name is due to expire by contacting Customer Support, otherwise your credit card will be charged. If the credit card you used to secure the initial term of registration with us has expired or is otherwise invalid, we will notify you of this fact and give you with an opportunity to provide us with a valid credit card or other reasonable assurance of payment (such reasonable assurance as determined by Solis in its sole discretion). If no such information is provided prior to the expiration date of the domain name, your domain name registration will not be renewed. You may renew your domain name at any time before the expiration of your domain name registration.
(f) The administrative contact for a domain name will be notified at least thirty (30) days prior to when a renewal fee is due for a domain name for which Solis is accepting renewal applications. Should a renewal fee go unpaid within the time specified in a second notice or reminder regarding renewal, the domain registration will be cancelled. Payment must be made by credit card or such other method as we may indicate in the registration application or renewal form. Solis will renew the domain registration for the term specified by you (assuming such term is permitted by the domain registry for your domain name) provided your credit card or other billing information is available and up to date, unless you instruct us otherwise within the time specified. If your billing information is not accurate and you wish to renew the registration, Solis will contact you to update this information and charge you accordingly.
8. Changes to this Agreement or to Additional Rules or Policies. You acknowledge that the Internet, domain name system and the practice of registering and administering domain names are evolving. Therefore, you agree that Solis may modify this Agreement, as well as any additional rules or policies that are or may be published by Solis, as necessary to comply with Solis' JPNIC and JPRS agreements, or with any other agreements that Solis is currently bound by or will be bound by in the future, as well as to adjust to changing business circumstances. Your continued use of any domain name registered through Solis shall constitute your acceptance of this Agreement as well as additional rules or policies that are or may be published by Solis, each with the new modifications. If you do not agree to any of such changes, you may request that your domain name registration be cancelled or transferred to a different domain name registrar. YOU ACKNOWLEDGE AND AGREE THAT SUCH CANCELLATION OR REQUEST FOR TRANSFER WILL BE YOUR EXCLUSIVE REMEDY AND OUR SOLE LIABILITY IF YOU DO NOT WISH TO ABIDE BY ANY CHANGES TO THIS AGREEMENT OR ANY ADDITIONAL RULES OR POLICIES THAT ARE OR MAY BE PUBLISHED BY Solis.
9. Information and Its Use.
(a) You hereby acknowledge and agree that, in connection with your use of certain of Solis' services, you are required to provide certain information and to update promptly this information as needed to keep it current, complete and accurate. The information you are obligated to provide and keep current in connection with your use of Solis' domain name registration, administration, and renewal services is the following:
(i) Your full name (or the name of the authorized person for contact purposes, if registration is for an organization, corporation or association), postal address email address, voice telephone number, and fax number (if available);
(ii) The domain name being registered, if a Japanese name, also the "furigana" (i.e., the phonetic spelling of the characters); and
(iii) The name, furigana, Japanese postal address, email address, voice telephone number, department, and where available, fax number for the administrative contact for the domain name registration.
(b) You acknowledge and agree that when you renew a domain name registration, the type of information you are required to provide may have changed. If you do not wish to provide the new required information, the registration may not be renewed.
(c) Except as set forth above, it is your option to provide or withhold all other information that Solis may request from you in connection with domain name registration, administration and renewal services. Not providing such information, however, may prevent you from obtaining services other than domain name registration, administration, and renewal services.
(d) In addition to the information you provide, Solis maintains records relating to any domain name application received by Solis, as well as any domain name registered through, administered or renewed by Solis. Solis also maintains records relating to other services that Solis provides to you. These records may include, but are not limited to:
(i) The original creation date of a domain name registration, renewal, or request for service;
(ii) The submission date and time of a registration or renewal application to us and by us to the proper registry;
(iii) Communications (electronic or paper form) constituting submissions, forwarding, modifications, or terminations of service and related correspondence between you and us;
(iv) Records of your account, including dates and amounts of all payments and refunds;
(v) The IP addresses of the primary nameserver and any secondary nameservers for the domain name;
(vi) The corresponding names of those nameservers;
(vii) The name, postal address, email address, voice telephone number, and where available, fax number of the contact for a domain name;
(viii) The expiration date of a domain name registration; and
(ix) Information regarding all other activity between you and us regarding your use of the services.
(e) In the event that (i) in applying for the registration of a domain name you are providing information about a third party, or (ii) you license a domain name registered in your name to a third party, you hereby represent and warrant that you have (a) provided notice to that third party of the disclosure and use of that party's information as set forth in this Agreement, and (b) that you have obtained that third party's express consent to the disclosure and use of that party's information as set forth in this Agreement.
(f) You acknowledge and agree that providing inaccurate or unreliable information or failing to update information promptly will constitute a material breach of this Agreement that will be sufficient basis for cancellation of your domain name registration. You further acknowledge and agree that your failure to respond for over fifteen (15) calendar days to inquiries by Solis concerning the accuracy of contact details associated with your domain name registration shall constitute a material breach of this Agreement and will be sufficient basis for cancellation of your domain name registration.
(g) You acknowledge and agree that Solis may make available information you provide or that we otherwise maintain to such public or private third parties as applicable laws require or permit. You further acknowledge and agree that Solis may make publicly available, or directly available to third parties, some, or all, of the information you provide, for purposes of inspection (such as through our WHOIS service) or for targeted marketing and other purposes as required or permitted by applicable laws.
(h) You hereby consent to any and all such disclosures and use of, and guidelines, limits and restrictions on disclosure or use of, information provided by you in connection with the registration of a domain name or use of any services (including any updates to such information), whether during or after the term of your registration of a domain name or other services. You hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of information provided by you by Solis.
(i) Solis will take reasonable precautions to protect the information it obtains from you from our loss, misuse, unauthorized access or disclosure or use, or alteration or destruction, of that information. Solis will have no liability to you or any third party to the extent such reasonable precautions are taken.
(j) Communications with Solis are not private and may be published either in their entirety or in edited form at any time, at the sole discretion of Solis.
(k) You acknowledge and agree that Solis owns all database, compilation, collective and similar rights, title and interests worldwide in our domain name and other proprietary information databases, and all information and derivative works generated from those databases. Additionally, you hereby grant to Solis a nonexclusive, worldwide, perpetual, irrevocable, fully paid-up right and license to use in our business, however it evolves, including the rights to copy, distribute, display, perform, transmit, prepare derivative works from or otherwise use without restriction the following information: (a) the original creation date of a domain name registration, (b) the expiration date of a domain name registration, (c) the name, postal address, email address, voice telephone number, and where available, fax number of the technical contact, administrative contact, zone contact and billing contact for a domain name registration, (d) any remarks concerning a registered domain name that appear or should appear in a WHOIS or similar database, and (e) any other information we generate or obtain in connection with the provision of the services.
10. Agents and Licenses.
(a) You agree that, if you are using the services for someone else, you represent that you have the authority to nonetheless bind that person as a principal to all terms and conditions provided herein, including the Dispute Policy. You accept liability for harm caused by wrongful use of the services.
(b) You agree that if you license the use of a domain name registered in your name to a third party, you nonetheless remain the domain name holder of record, and remain responsible for all obligations under this Agreement, including but not limited to payment obligations, and providing (and updating, as necessary) both your own full contact information, and accurate technical, administrative, billing and zone contact information adequate to facilitate timely resolution of any problems that arise in connection with the domain name and domain name registration. As further required by JPNIC and/or JPRS, you shall accept liability for harm caused by wrongful use of the domain name, unless you promptly disclose the identity of the licensee to a party providing you with reasonable evidence of actionable harm.
11. System Performance Degradation.
(a) Solis depends upon a computer system that is responsive to the demands of the domain name registration process, and that provides timely information to Solis' customer service team. Occasionally, Solis' computer system is subjected to exceptional volumes of incoming domain name registration requests, electronic mail messages, and/or WHOIS queries that result in significant degradation of Solis' system processing and response time.
(b) Regardless of the reason, in those instances when there is system performance degradation as the result of an extremely large volume of incoming electronic messages, Solis reserves the right, in its sole discretion, to filter or block electronic messages originating from the identified sources of the high volume traffic. Solis will selectively restore service after system performance returns to normal limits, provided that such restoration does not result in an adverse impact on the system. Solis further reserves the right to permanently filter or block repeated sources of high volumes of electronic traffic.
12. Limitation of Liability. YOU AGREE THAT Solis WILL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY (a) SUSPENSION, LOSS, OR MODIFICATION OF YOUR DOMAIN NAME REGISTRATION, (b) USE OF YOUR DOMAIN NAME REGISTRATION, (c) INTERRUPTION OF BUSINESS, (d) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THIS SITE OR THE WEB SITE(S) ACCESSED BY THE DOMAIN NAME REGISTERED IN YOUR NAME, (e) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION, (f) EVENTS BEYOND Solis' REASONABLE CONTROL, (g) THE PROCESSING OF YOUR DOMAIN NAME APPLICATION OR OTHER SERVICE APPLICATION, (h) APPLICATION OF ANY RELEVANT DISPUTE POLICY OR ANY OTHER JPNIC AND JPRS (OR SIMILAR GOVERNMENTAL OR SUCCESSOR ORGANIZATION) ADOPTED POLICIES, OR (i) A DELAY BY FIRE, EARTHQUAKE, FLOOD ELECTRIC OUTAGE, A NATURAL DISASTER, AN INCIDENT, OR ANY OTHER EVENT BEYOND THE CONTROL OF GMO. Solis ALSO WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF Solis HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL Solis' MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICES, BUT IN NO EVENT GREATER THAN FIFTY THOUSAND YEN ((,000). BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
13. Indemnification. You agree to defend, indemnify and hold harmless Solis for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action or demand related to (i) your use of the services, including, but not limited to, your application for registration, registration, or renewal of any domain name registered in your name, (ii) your use of any domain name registered in your name, and (iii) your use of Solis' address. This indemnification is in addition to any indemnification required under the "JP Domain Name Dispute Resolution Policy" (http://www.japanregistry.com/jp_dispute_res.php), or any similar policy.
14. Suspension, Cancellation, Transfer or Modification.
(a) You acknowledge and agree that Solis may suspend, cancel, transfer or modify your use of the Services at any time, for any reason, in Solis' sole discretion. You also acknowledge and agree that Solis may suspend, cancel, transfer or modify your domain name registration if (a) you materially breach this Agreement (including any applicable additional rule or policy) and do not cure such breach within five (5) calendar days of notice by Solis, (b) you use the domain name registered to you to send unsolicited commercial advertisements in contradiction to either applicable laws or customary acceptable usage policies of the Internet, or (c) you use your domain name in connection with unlawful activity.
(b) You further acknowledge and agree that your domain name registration is subject to suspension, cancellation, transfer or modification pursuant to the terms of any rules or policies applicable to your domain name registration, including, but not limited to (i) the JP Domain Name Dispute Resolution Policy, (ii) any JPNIC and/or JPRS adopted policy, (iii) any registrar (including Solis) or registry administrator procedures, or (iv) any other domain registry administrator procedures.
(c) You also agree that Solis shall have the right in its sole discretion to suspend, cancel, transfer or otherwise modify your domain name registration at such time as Solis receives (x) a properly authenticated notification from a court of competent jurisdiction, or (y) an arbitration award requiring the suspension, cancellation, transfer or modification of your domain name registration.
(d) You agree that Solis shall have the right in its sole discretion to cancel your domain name registration within thirty (30) calendar days of the creation date of that registration.
15. Governing Law and Jurisdiction.
(a) Except as otherwise set forth in the JP Domain Name Dispute Resolution Policy or any similar domain policy with respect to any dispute over your domain name registration, this Agreement, your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of Japan, as if this Agreement was a contract wholly entered into and wholly performed within Japan.
(b) Except as otherwise set forth in the JP Domain Name Dispute Resolution Policy or any similar domain policy with respect to any dispute over your domain name registration, any action to enforce this Agreement or any matter relating to your use of the Solis site shall be brought exclusively in Tokyo, Japan. You hereby irrevocably agree to submit to such jurisdiction for all matters arising out of or in connection with this Agreement. Notwithstanding the foregoing, for the adjudication of disputes concerning or arising from use of domain names registered hereunder, you acknowledge and agree that you shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (a) of the domain name holder's domicile, and (b) where Solis' headquarters are located, currently Japan.
16. Notices. You agree that, unless other instructions are posted on the Solis' Web site, any notices required to be given under this Agreement will be deemed to have been given if delivered by email or fax, or sent by certified mail, return receipt requested, or by express courier service to each of the parties in accordance with the most current contact information you have provided to us, and the contact information for Solis posted on the Solis web site. All notices shall be effective upon receipt, except that e-mail and fax notices shall be effective upon transmission.
17. Miscellaneous.
(a) You agree and acknowledge that any acceptance of your application for the services and the performance thereof will occur at our offices in Japan, the location of our principal place of business.
(b) You acknowledge and agree that, to the extent necessary, it is your responsibility to: (1) provide all equipment, including a computer and modem, necessary for you to establish a connection to the Internet; and (2) provide for your own connection to the Internet and pay any service fees associated with such connection.
(c) Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties.
(d) The failure of Solis to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by Solis of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. Solis will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of Solis as reflected in the original provision.
(e) This Agreement may not be amended or modified by you except by means of a written document signed by both you and an authorized representative of Solis.

JP Domain Name Dispute Resolution Policy
Art. 1 Purpose
This "JP Domain Name Dispute Resolution Policy" (hereinafter referred to as
"the Policy") has been adopted by The Japan Network Information Center
(hereinafter referred to as "the Center") and is incorporated by reference
into the "Rules on Registration of JP Domain Names in accordance with the
Nature (Type of Organizations) or Local Type" and "Rules on the Registration
of JP Domain Names for General- purpose" (hereinafter referred to as "the
Registration Rules"), which shall be abided by registrants who have
registered their domain names at the Center (hereinafter referred to as "the
Registrant"). The Policy has determined the conditions in connection with a
dispute between the Registrant and any third party over the domain name
arising from the registration and the use of domain name registered by the
Registrant. Proceedings on JP Domain Name Dispute Resolution under Art. 4 of
the Policy shall be conducted according to the "Rules for Procedure of JP
Domain Name Dispute Resolution Policy" (hereinafter referred to as "Rules
for Procedure") and the selected administrative- dispute-resolution
supplemental rules of the dispute-resolution service provider that will be
approved by the Center (hereinafter referred to as "the dispute-resolution
service provider").

Art. 2 Notice of the Registrant and Violation of Duty of Notice
By applying to register a domain name, or by asking the Center to maintain
or renew a domain name registration, the Registrant shall notify the Center
of that:

the contents of statements made in the Registration Application are complete
and accurate;
to the best knowledge of the Registrant, the registration of the domain name
will not infringe upon or otherwise violate the rights or interests of any
third party
the Registrant is not registering the domain name for in bad faith (unfair
purposes) (purposes of gaining unfair interests, of causing damages to
others and other bad faith (unfair purpose.) The same shall apply in the
followings.)
the Registrant will not knowingly use the domain name in violation of any
applicable laws or regulations.
In the event that any of the above is not correct, the Registrant agrees
that the domain name may be transferred or cancelled pursuant to the Policy.

Art. 3 Transfers and Cancellations of Domain Name
The Center will transfer or cancel the domain name registration under the
following circumstances:

Subject to the provisions of Art. 8, the receipt by the Center of written
instructions from the Registrant or its authorized agent to take such
action;
The receipt by the Center of the original (a copy of the original may be
acceptable if circumstances require) of an order from a court or arbitration
tribunal, in each case of competent jurisdiction, requiring such action;
and/or
The receipt by the Center of a decision of an Administrative Panel requiring
such action in JP Domain Name Dispute Resolution Proceedings to which the
Registrant was a party and which was conducted under this Policy or a later
version of this Policy adopted by the Center (See Art. 4 (i) and (k) of the
Policy below.)
The Center may also cancel or transfer the domain name registration in
accordance with the terms of the Registration Rules or other legal
requirements. If the transfer has been made, however, the Center will not
establish the name server for the domain name unless the qualifications and
requirements for registration are satisfied.

Art. 4 JP Domain Name Dispute Resolution Proceeding
This Article sets forth the type of disputes for which the Registrant is
required to submit to JP Domain Name Dispute Resolution Proceedings. These
proceedings will be conducted before one of the
administrative-dispute-resolution service providers listed on the web site
of the Center.

a. Applicable Dispute
The Registrant is required to submit to this JP Domain Name Dispute
Resolution Proceeding in the event that a third party (hereinafter referred
to as "Complainant") asserts to the applicable dispute-resolution service
provider, in compliance with the Rules of Procedure, that

the domain name of the Registrant is identical or confusingly similar to any
mark such as trademark or service mark in which the Complainant has rights
or legitimate interests; and
the Registrant has no rights or legitimate interests in respect of the
domain name registration; and
the domain name of the Registrant has been registered or is being used in
bad faith (unfair purpose).
In the JP Domain Name Dispute Resolution Proceeding, the Complainant must
maintain that each of these three elements is present in the complaint.

b. Proof of Registration or Use in In Bad Faith (Unfair Purpose)
To determine whether or not there are factual elements provided by this
Article (a)(iii), the panel of the dispute-resolution service provider shall
consider that the registration or use of a domain name is for in bad faith
(unfair purpose) if the Panel found especially the following circumstances,
in particular but without limitation.

circumstances indicating that the Registrant has registered or has acquired
the domain name primarily for the purpose of selling, renting, or otherwise
transferring the domain name to the Complainant or to a competitor of that
Complainant, for valuable consideration in excess of the out-of-pocket costs
(amount to be confirmed by documentation) directly related to the domain
name; or
the Registrant has registered the domain name in order to prevent the
Complainant from reflecting any trademarks or other indication in a
corresponding domain name, provided that the Registrant has engaged in a
plural numbers of such interferance; or
the Registrant has registered the domain name primarily for the purpose of
disrupting the business of a competitor; or
by using the domain name, the Registrant has intentionally attempted to
attract, for commercial gain, Internet users to the web site or other
on-line location of the Registrant, by intending to make a confusion as to
the source, sponsorship, affiliation, or endorsement of the web site or
location or of a product or service thereon.
c. How to Demonstrate the Rights to and Legitimate Interests of the
Registrant in the Domain Name
When the Registrant receives a complaint, the Registrant should refer to
Art. 5 of the Rules of Procedure and submit the response to the
dispute-resolution service provider. In order to determine whether or not
the factual situation provided by this Article a (ii), if the panel reviewed
all evidence presented either by the Complainant or the Registrant and
especially found the following circumstance, in particular but without
limitation, the Panel shall consider that the Registrant holds the rights or
legitimate interests to the domain name:

before the Registrant receives any notice of the dispute related to the
subject domain name by any third party or the dispute-resolution service
provider, the Registrant uses of, or apparently demonstrate preparations to
use of, the domain name or a name corresponding thereto, in order to offer
of goods or services without any bad faith (unfair purpose); or
the Registrant has been commonly known by any name under the domain name,
regardless of registration or others by the Registrant of any trademark and
other indications.
The Registrant is using the domain name for a noncommercial purpose or is
making fair use of the domain name, without intent for commercial gain to
misleadingly divert consumers by utilizing the trademark and other
indications of the Complainant or to tarnish any trademark and other
indications of the Complainant.
d. Selection of dispute-resolution service provider
The Complainant shall select the dispute-resolution service provider from
among those approved by the Center by submitting the complaint to that
dispute-resolution service provider. The selected dispute-resolution service
provider shall administer and conduct the JP Domain Name Dispute Resolution
Proceeding, except in cases of consolidation as described in this Article
(f).

e. Initiation of Proceeding and Process and Appointment of Panel.
The Rules of Procedure state the process for initiating and conducting a
proceeding and for appointing the panel that will decide the dispute.

f. Consolidation
In the event of multiple disputes between the same Registrant and the
Complainant, either the Registrant or the Complainant may petition to
consolidate the disputes before a single panel. This petition shall be made
to the first panel appointed to hear a pending dispute between the parties.
This panel may consolidate before it any or all such disputes at its sole
discretion, provided that the consolidated disputes are governed by this
Policy or later versions of this Policy adopted by the Center.

g. Fees
All fees charged by a dispute-resolution service provider in connection with
any dispute case before a panel pursuant to this Policy shall be paid by the
Complainant, except in cases where the Registrant elects to expand the
number of panelist from one to three as provided in Art. 5 of the Rules of
Procedure, in which case all the fees will be shared evenly between the
parties.

h. The Involvement of the Center in the JP Domain Name Dispute Resolution
Proceedings
This Center does not, and will not participate in the administration or
conduct of any proceeding before a panel. In addition, the Center will not
be liable for the result of any decisions rendered by the panel.

i. Remedies
The remedies available to the Complainant pursuant to any proceeding before
a panel shall be limited to requiring the cancellation of the domain name of
the Registrant or the transfer of the domain name registration to the
Complainant.

j. Notification and Publication
The dispute-resolution service provider shall notify the Center of any
decision made by a panel with respect to the domain name. All decisions
shall be published in full over the Internet, except when a panel determines
in an exceptional case to redact portions of its decision.

k. Availability of Court Proceedings
Either of the parties may submit the dispute to a court before the JP Domain
Name Dispute Resolutions Proceeding is commenced, whilst such proceeding is
pending or after such proceeding is concluded. Any requirement set forth in
this Article shall not prevent the parties from submitting the dispute to a
court under this clause. If the panel decides that the domain name
registration of the Registrant should be canceled or transferred, the Center
will wait ten (10) business days (as observed in the location of the
principal office of the Center) after the Center is informed by the
applicable dispute-resolution service provider of the Panel's decision
before implementing that decision. The Center will then implement the
decision unless the Center has received from the Registrant during the ten
(10) business day period officially certified copy of document(such as a
copy of a complaint, file-stamped by the clerk of the court) that the
Registrant has commenced a lawsuit against the Complainant in a jurisdiction
to which the Complainant has submitted under Art. 3 (b) (xii) of the Rules
of Procedure. (In general, that jurisdiction is either the Tokyo District
Court or the location of the address of the Registrant as shown in the
domain name's registration data in the Center. See Art. 1 and Art. 3 (b)
(xii) of the Rules of Procedure.) If the Center receives such officially
certified copy of the document within the ten (10) business day period, the
Center will not implement the panel's decision. The Center will take no
further action concerning the implementation of the Panel's decision until
the Center receives (i)the certified copy of settlement agreement between
the parties made in notarized documentation, (ii) the officially certified
cop of the petition for withdrawing the action brought by the Registrant and
of consent for the withdraw by the Complainant, or (iii) the officially
certified copy of a final judgment or the documentation equivalent to it of
such court dismissing the lawsuit or ordering that the Registrant does not
have the right to continue to use the domain name. Any copy may be submitted
instead of the officially certified copy of the document mentioned above.

Art. 5 All Other Disputes and Litigation
All other disputes between the Registrant and the Complainant regarding the
domain name registration, which are not brought pursuant to Art. 4 of the JP
Domain Name Dispute Resolution Proceeding, shall be resolved between the
parties through any court, arbitration or other proceeding that may be
available.

Art. 6 The Involvement of the Center in Disputes
The Center will not participate in any way in any dispute between the
Registrant and any third party regarding the registration and use of the
domain name. The Registrant shall not name the Center as a party or
otherwise include the Center in any such proceeding. In the event that the
Center is named as a party in any such proceeding, the Center reserves the
right to raise any and all defenses deemed appropriate, and to take any
other action necessary to defend the Center.

Art. 7 Maintaining the Status Quo
The Center will not transfer, cancel or otherwise change the status of any
domain name registration under this Policy except as provided in Art. 3 of
this Policy and in the Registration Rules.

Art. 8 Transfers of Domain Name During a Dispute
The Registrant may not transfer the domain name registration to another
holder under each of the following conditions.

during a pending JP Domain Name Dispute Resolution Proceeding pursuant to
Art. 4 or for a period of fifteen (15) business days (as observed in the
location of the principal office of the Center) after such proceeding is
concluded; or
during a pending court proceeding or arbitration unless the party to whom
the domain name registration is being transferred agrees, in writing, to be
bound by the decision of the court or arbitrator.
The Center reserves the right to cancel any transfer of a domain name
registration to another holder that is made in violation of this Article.

Art. 9 Policy Modifications
The Center reserves the right to modify this Policy at any time. The Center
will post the revised Policy at the website of the Center at least thirty
(30) calendar days before it becomes effective. When the Proceeding was
initiated by the submission of a complaint to the dispute-resolution service
provider, the Policy in effect at the time it was invoked will continue to
be applied to the proceeding until it is concluded. In the event that the
proceeding was not initiated under this Policy, all the changes shall be
applied to all JP Domain Name Dispute Resolution Proceeding, whether the
dispute arose before, on or after the effective date of the change. In the
event that the Registrant objects to a change in this Policy, the sole
remedy for the Registrant is to cancel the domain name registration with the
Center, provided that the Registrant will not be entitled to a refund of any
fees it paid to the Center. The revised Policy will apply to the Registrant
until the Registrant completes the cancellation of domain name registration.

Art. 10 Applicable Law in this Policy
All the provisions in this Policy shall be construed in accordance with the
laws of Japan. The panel that will conduct dispute resolution under this
Policy shall render decisions pursuant to the laws of Japan.

(c)JPNIC/February 2001
Please read the Copyright Notice
Copyright (C) Japan Network Information Center. All Rights Reserved.


Rules for JP Domain Name Dispute Resolution Policy
JP Domain Name Dispute Resolution Proceeding based on "JP Domain Name
Dispute Resolution Policy" adopted by Japan Network Information Center
(hereinafter referred to as "the Center") shall be conducted in accordance
with "Rules for JP Domain Name Dispute Resolution Policy" (hereinafter
referred to as "the Rules"), and also with the Supplemental Rules of the
dispute-resolution service provider administering the proceedings, as posted
on its web site.

Art. 1 Definitions
In these Rules:

"Complainant" means the party submitting a complaint concerning JP Domain
Name Dispute Resolution Proceedings.
"Party" means a Complainant or a Registrant of the domain name in JP Domain
Name Dispute Resolution Proceedings.
"Provider" means a dispute-resolution service provider certified by the
Center. A list of such Providers appears on the web site of the Center.
"Panel" means an administrative panel appointed by a Provider in order to
review and decide a complaint concerning JP Domain Name Dispute Resolution
Proceedings.
"Panelist" means an individual appointed by a Provider to be a member of a
Panel.
"Mutually agreed jurisdiction" means either:
The Tokyo District Court, or
A court of jurisdiction at the location of the address of the Registrant set
forth in the domain name's registration record in the Center at the time the
Complainant submitted a complaint to the Provider.
"Registration Rules" means "Rules for Registration of JP Domain Names
according to Nature (Type of Organization) and Locality" and "Rules for
Registration of General-purpose JP Domain Name", which prescribe the content
of contract between the Center and the Registrant.
"Resolution Policy" means the "JP Domain Name Dispute Resolution Policy"
that is incorporated by reference and made a part of the Registration Rules.
"Business Day" means business days set forth otherwise in Supplemental Rules
by the Provider.
"Supplemental Rules" means the rules adopted by the Provider administering
the JP Domain Name Dispute Resolution Proceeding to supplement these Rules.
These 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, the means for communication with the Provider and the Panel, and
the form of cover sheets for communication and notification.
Art. 2 Communications
When forwarding a complaint to the Registrant, it shall be the Provider's
responsibility to employ a reasonably available means calculated to achieve
actual notice to Registrant. Achieving actual notice, or employing all the
following measures to do so, communications shall be deemed to have been
actually achieved.
Sending the complaint to all mail and facsimile addresses of the
representative and the person in charge of registration of the registered
domain-name holder shown in the domain name's registration data in the
Center.
Sending the complaint in electronic form (including annexes to the extent
available in that form by e-mail) to all the following addresses
the e-mail address of the person in charge of registration
postmaster@
Sending the complaint to any address the Registrant has notified the
Provider it prefers and to all other addresses notified to the Provider by
the Complainant under Art. 3 (b)(v).
Except as provided in the previous paragraph, any written communication to
the Complainant or Registrant provided for under these Rules shall be made
by the preferred means stated by the Complainant or Registrant, respectively
as set forth in Art. 3 (b)(iii) or Art. 5 (b)(iii), or in the absence of
such specification by either of the following means.
by facsimile transmission, with a confirmation of transmission; or
by postal service, postage pre-paid and return receipt requested; or
electronically via the Internet, provided that a record of its transmission
is available.
Any communication from either Party to the Provider or the Panel shall be
made by the means and in the manner (including number of copies) stated in
the Supplemental Rules.
Communication shall be made in the language prescribed in Art. 11. E-mail
communications should be sent in plain text.
Either Party may update its contact details (including contact person,
means, postal address, e-mail address, telephone number and fax number) by
notifying the Provider and the Center.
Except as otherwise provided in these Rules, or decided by a Panel, all
communications provided for under these Rules shall be deemed to have been
made on either of the following dates:
if delivered by facsimile transmission, on the date shown on the
confirmation of transmission; or
if by postal service, on the date marked on the receipt;
or
if via the Internet, on the date that the communication was transmitted,
provided that the date of transmission is verifiable.
Except as otherwise provided in these Rules, all time periods under these
Rules shall begin to be reckoned from the earliest date that the
communication is deemed to have been made in accordance with the previous
paragraph.
All the copies of communications shall be sent to the parties concerned as
follows;
if from the Panel to either of the Party, to the Provider and the other
Party;
if from the Provider to either of the Party, to the other Party; and
if from either Party, to the other Party, the Panel and the Provider, as the
case may be.
It shall be the responsibility of the sender to retain records of the fact
and circumstances of sending, which shall be available for inspection by
affected parties and for reporting purposes.
Art. 3 The Complaint
Any person or entity, who has a stake in a registered domain name may
initiate JP Domain Name Dispute Resolution Proceedings by submitting a
complaint in accordance with the Policy and these Rules to any Provider
approved by the Center. (Due to capacity constraints or for other reasons, a
Provider's ability to accept complaints may be suspended at times. In that
event, the Provider shall refuse the submission. The person or entity
refused submission may submit the complaint to another Provider.)
The complaint shall be submitted in hard copy and in e-mail (except to the
extent not available for attached to e-mail as related documents) and shall:
Request that the complaint be submitted for decision in accordance with the
Policy and these Rules;
Provide the name, postal and e-mail addresses, and the telephone and fax
numbers of the Complainant and of any agent authorized to act for the
Complainant in the JP Domain Name Dispute Resolution Proceeding.
Specify a preferred method for communications directed to the Complainant in
the JP Domain Name Dispute Resolution Proceeding (including person to be
contacted, medium and postal and e-mail address information) for each (A)
communication by e-mail and (B) communication by postal service;
Designate whether the Complainant elects to have the dispute decided by a
single member or a three member Panel that will decide in the JP Domain Name
Dispute Resolution Proceedings, and in the event that the Complainant elects
a three member Panel, provide the names and contact details of three
candidates to serve as one of the Panelists (these candidates must be drawn
from any Center-certified Provider's list of panelists);
Provide the name of the Registrant, the name of office and others, and all
information (including any postal and e-mail addresses and telephone and fax
numbers) known to the Complainant regarding how to contact the Registrant or
any agent of Registrant, including contact information based on
pre-complaint dealings of JP Domain Name Dispute Resolution Proceeding, in
sufficient detail to allow the Provider to send the complaint as described
in Art. 2(a);
Specify the domain name(s) that is / are the subject of the JP Domain Name
Dispute Resolution Proceedings;
Identify that the domain name(s) is / are registered with the Center at the
time the complaint is filed;
Specify any mark(s) such as trademark(s) and other indication(s) on which
the complaint is based, and describe the nature and content of the goods or
services, if any, with which the mark or indication is used (the Complainant
may also separately describe other goods and services with which it intends,
at the time the complaint is submitted, to use the mark in the future);
Describe the grounds and reasons on which the complaint is made including
the following three items, in particular,
the manner in which the subject domain name(s) is / are identical or
confusingly similar to any trademark and other indication in which the
Complainant has rights or legitimate interests; and
why the Registrant should be considered as having no rights or legitimate
interests in respect of the subject domain name(s);
why the domain name(s) should be considered as having been registered or
being used for in bad faith (unfair purpose). (The description should, for
elements (2) and (3) above, discuss any aspects of Art. 4 Paragraph (b) and
(c) of the Policy that are applicable. The description shall comply with any
word or page limit set forth in the Provider's Supplemental Rules);
Specify, in accordance with the Policy and these Rules, the remedies sought;
Identify any other legal proceedings that have been commenced or terminated
in connection with or relating to any of the domain name(s) that is /are the
subject of the complaint;
State that the Registrant will submit any challenges to a decision canceling
or transferring the domain name, to the jurisdiction of the courts in at
least one specified Mutually agreed jurisidicition.
Conclude with the following statement followed by the signature or setting
the hands and seals of the Complaint or its authorized agent:
"Complainant agrees that its claims and remedies concerning the registration
of the domain name, the dispute, or the dispute's resolution shall be solely
against the Registrant and waives all such claims and remedies against (a)
the dispute-resolution provider and panelists, (b) the Center, and (c)
officers, employees, committee members of the Center and other persons
concerned, except in the case of deliberate wrongdoing."
"Complainant certifies that the information contained in this Complaint is
to the best of Complainant's knowledge complete and accurate, that this
Complaint is not being presented for any improper purpose, such as to
harass."
Annex of any documentary or other evidence, including a copy of the Policy
applicable to the subject domain name(s) in dispute and any trademark
registration upon which the complaint relies, together with a schedule and
description indexing such evidence.
Submit proxy (documentation certifying the existence of proxy) if an agent
conducts this proceeding,
The Complaint may relate to more than one domain, provided that the domain
names are registered by the same Registrant.
Art. 4 Service of Process for Complaint
The Provider shall review the complaint for compliance with the Policy and
these Rules and, if in compliance, shall forward the complaint, together
with the explanatory cover sheet prescribed by the Provider's Supplemental
Rules to the Registrant, in the manner prescribed by Art. 2 (a) within three
(3) business days following receipt of the fees to be paid by the
Complainant in accordance with Art. 19.
If the Provider finds the complaint to be administratively deficient, it
shall promptly notify the Complainant of the nature of the deficiencies
identified. The Complainant shall have five (5) business days after the
receipt of such notification to correct any such deficiencies. Without any
correction during this term, the Complaint will be deemed withdrawn.
Provided however, even though the subject complaint is deemed withdrawn, the
Complainant may submit a new complaint.
The date of commencement of the proceedings shall be the date on which the
Provider sends the complaint to the Registrant under Art. 2 (a).
The Provider shall immediately notify the Complainant, the Registrant and
the Center of the domain name in dispute and the date of commencement of the
proceedings.
Art. 5 The Answer
Within twenty (20) business days of the date of commencement of the
proceeding, the Registrant shall submit a response to the Provider.
The answer shall be submitted in hard copy and (except to the extent not
available for the attached to e-mail as related documents) in e-mail and
shall state the following items:
Responding and rebutting specifically to the statements and allegations
contained in the complaint and include any and all reasons or bases for the
Registrant to retain registration and use of the disputed domain name (This
portion of the answer shall comply with any word or page limit set forth in
the Provider's Supplemental Rules);
Providing the name, postal and e-mail addresses, and the telephone and fax
numbers of the Registrant and of any agent authorized to act for the
Registrant in the JP Domain Name Dispute Resolution Proceedings.
Specifing a preferred method for communication directed to the Registrant in
the JP Domain Name Dispute Resolution Proceedings (including the person to
be contacted, medium and postal and e-mail address information) for each of
(A) sending by e-mail and (B) sending by postal service;
If the Complainant has elected a single member panel in the Complaint (See
Art. 3 (c) (vii)), state whether the Registrant elects instead to have the
dispute decided by a three member panel;
If either Complainant or Registrant elects a three member Panel, provide the
names and contact details of three candidates to serve as one of the
Panelists (these candidates must be drawn from any Center-certified
Provider's list of panelists);
Identifing any other legal proceedings that have been commenced or
terminated in connection with or relating to any of the domain name(s) that
is / are the subject of the complaint;
Concluding with the following statement followed by the signature or setting
hands and seals of the Registrant or its authorized agent:
"Registrant certifies that the information contained in this Answer is to
the best of Registrant's knowledge complete and accurate, that this Answer
is not being presented for any improper purpose, such as to harass."
Annex of any documentary or any other evidence upon which the Registrant
relies, together with a schedule and description indexing such documents.
Submit a proxy (documentation certifying the existence of proxy) if an agent
conducts the proceeding,
If the Complainant has elected to have the dispute decided by a single
member Panel and Registrant elects a three member Panel, Registrant shall be
required to pay one half of the applicable fee for a three member Panel as
set forth in the Provider's Supplemental Rules. This payment shall be made
together with the submission of the Answer to the Provider. In the event
that the required payment is not made, the dispute shall be decided by a
single member Panel.
At the request of the Registrant, the Provider may, in exceptional cases,
extend the period of time for the filing of the Answer. The period may also
be extended by written stipulation between the Parties, provided that the
stipulation is approved by the Provider.
The Provider shall immediately forward the Answer to the Complainant when it
has received the Answer.
If a Registrant does not submit a answer, in the absence of exceptional
circumstances, the Panel shall decide the dispute based on the complaint.
Art. 6 Appointment of the Panel and Date of Decision
Each Provider shall maintain and publish a publicly available list of
panelists and their qualifications.
If neither the Complainant nor the Registrant has elected a three member
Panel (See Art. 3 (b) (iv) and Art. 5 (b) (v)), the Provider shall appoint,
within five (5) business days following the receipt of the Answer by the
Provider, or the lapse of the time period for the submission thereof, a
single Panelist from its list of panelists. The fees for a single member
Panel shall be paid entirely by the Complainant.
If either the Complainant or the Registrant elects to have the dispute
decided by a three member Panel, the Provider shall appoint three Panelists
in accordance with the procedures identified in this Article, paragraph (e).
The fees for a three member Panel shall be paid in their entirety by the
Complaint, except where the election for a three member Panel was made by
the Registrant, in which case the applicable fees shall be shared equally
between the Parties.
If the Complainant selects a three member Panel, but the Registrant chooses
a three member Panel, the Complainant shall submit to the Provider, within
five (5) business days of sending of a answer in which the Registrant elects
a three member Panel, the names and contact details of three candidates to
serve as one of the Panelists. These candidates must be drawn from any
Center-approved Provider's list of panelist.
In the event that either the Complainant or the Registrant elects a three
member Panel, the Provider shall endeavor to appoint one Panelist from the
list of candidates provided by each of the Complainant and the Registrant.
In the event that the Provider is unable within five (5) business days to
secure the appointment of a Panelist on its customary terms from either
Party's list of candidates, the Provider shall make that appointment from
its list of panelists. The third Panelist shall be appointed by the Provider
from a list of five candidates submitted by the Provider to the Parties, the
Provider's selection from among the five being made in a manner that
reasonably balances the preferences of both Parties, as they may specify to
the Provider within five (5) business days of the Provider's submission of
the five-candidate list to the Parties.
Once the entire Panel is appointed, the Provider shall notify the Parties
and the Center of the Panelists appointed and the date by which, except in
exceptional circumstances, the Panel shall render its decision on the
complaint to the Provider.
Art. 7 Impartiality and Independence
A Panelist shall be impartial and independent, and shall have, before
accepting appointment, disclosed to the Provider any circumstances giving
rise to justifiable doubt as to the Panelist's impartiality or independence.
If, at any stage during the proceeding, new circumstances arise that could
give rise to justifiable doubt as to the impartiality or independence of the
Panelist, that Panelist shall promptly disclose such circumstances to the
Provider. In such event, the Provider shall have the discretion to appoint a
substitute Panelist.

Art. 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 a Party and the
Panel shall be made to a secretariat or a case administrator appointed by
the Provider in the manner prescribed in the Provider's Supplemental Rules.

Art. 9 Transmission of the File to the Panel
The Provider shall forward the file to the Panel as soon as the Panelist is
appointed (or as soon as the last Panelist is appointed in the case of a
three member Panel).

Art. 10 General Powers of the Panel
The Panel shall conduct the proceeding in such a manner as it considers
appropriate in accordance with the Policy and these Rules.
In all cases, the Panel shall make an effort to ensure that the Parties are
treated with equality and that each party is given a fair opportunity to
present its position.
The Panel shall promptly handle the JP Domain Name Dispute Resolution
Proceeding. It may, at the request of a Party or on its own determination,
extend, in exceptional cases with special situation, a period of time fixed
by these Rules or by the Panel.
The Panel shall determine the admissibility, relevance and weight of the
evidence.
The Panel shall decide a request by a Party to consolidate multiple domain
name disputes in accordance with the Policy and these Rules.
Art. 11 Language of Proceedings
The language of the Proceedings shall be Japanese, subject to the authority
of the Panel to determine otherwise, having regard to the circumstances of
the proceeding.
The Panel may order that any documents submitted in any language other than
the language of the proceeding be accompanied by a translation in whole or
in part into the language of the Proceedings.
Art. 12 Further Statements or Documents
In addition to the Complaint and the Answer, the Panel may request, at its
sole discretion, further statements or documents from either of the Parties.

Art. 13 Hearings to the Parties
There shall be no hearings to the Parties (including hearings by
teleconference, videoconference, and web conference). Provided however, the
Panel may determine, at its sole discretion and in an exceptional matter
with special situation, to proceed such a hearing necessary for deciding the
complaint.

Art. 14 Default
In the event that a Party, excluding exceptional circumstances, does not
comply with any of the time periods established by these Rules or by the
Panel, the Panel shall proceed to a decision on the complaint.
If a Party, excluding exceptional circumstance, does not comply with any
provision of, or requirement under these Rules or any request from the
Panel, the Panel shall render their decision as it considers appropriate.
Art. 15 Panel Decisions
The Panel shall decide a complaint that it deems applicable on the basis of
the statements and documents submitted and the results of hearings, and in
accordance with the Policy, these Rules and provisions or principles of
related law, and reasons.
In the absence of exceptional circumstances, the Panel shall forward its
decision on the complaint to the Provider within fourteen (14) business days
of its appointment pursuant to Art. 6.
In the case of a three member Panel, the Panel's decision shall be made by a
majority.
The Panel's decision shall be in writing, provide the content of decision
and its reasons on which it is based, indicate the date on which it was
rendered and identify the name(s) of the Panelist(s) with the signature or
setting the names and seals of the Panelist(s).
Panel decisions and dissenting opinions shall normally comply with the word
limits set forth in the Provider's Supplemental Rules. Any dissenting
opinion shall accompany the majority decision. If the Panel concludes that
the dispute is not within the scope of Art. 4 (a) of the Policy, it shall so
state. If the Panel finds that the submissions of complaint was brought with
in bad faith (unfair purpose), for example, in an attempt to deprive the
Registrant of the domain name or primarily to harass the Registrant, the
Panel shall declare in its decision that the complaint was brought for in
bad faith (unfair purpose) and constitutes an abuse of the JP Domain Name
Dispute Resolution Proceedings.
Art. 16 Notification of Decision to Parties
Within three (3) business days after receiving the decision from the Panel,
the Provider shall notify the full text of the decision to each Party and
the Center. The Center shall immediately communicate to each Party and the
Provider the date for the implementation of the decision (the date between
11th and 15th day from the communication of the decision (as observed in the
location of the principal office of the Center)) in accordance with the
Policy.
Except where the Panel determines otherwise (See Art. 4 (j) of the Policy),
the Provider shall publish the full decision and the date of its
implementation on a publicly accessible web site. In any event, the portion
of any decision determining a complaint to have been brought for in bad
faith (unfair purpose) (see Art. 15 (e) of these Rules) shall be published.
Art. 17 Withdrawal, Settlement or Other Grounds for Termination
The Complainant may, before the decision of the Panel is rendered, withdraw
the Complaint, provided that after the submission of the Response, the
consent of the Registrant shall be obtained.
If the Complaint was withdrawn under the previous paragraph, or the Parties
agree on a settlement before the Panel's decision, the Panel shall terminate
the Proceedings.
If, before the Panel's decision is made, it becomes unnecessary or
impossible to continue the Proceedings for any reason, the Panel shall
terminate the Proceedings, unless a Party raises justifiable grounds for
objection within a period of time determined by the Panel.
Art. 18 Effect of Court Proceedings
In the event that any legal proceeding is initiated prior to or during the
JP Domain Name Dispute Resolution Proceedings in respect of a domain-name
dispute that is the subject of the complaint, the Panel shall have the
discretion to decide whether to suspend or terminate the JP Domain Name
Dispute Resolution Proceedings, or to proceed to a decision.
In the event that a Party initiates any legal proceeding during the pending
of the JP Domain Name Dispute Resolution Proceedings in respect of a
domain-name dispute that is the subject of the complaint, the Party shall
promptly notify the Provider, and the Panel pursuant to the manners
prescribed in Art. 8 above.
Art. 19 Fees
The Complainant shall pay to the Provider a fee, in accordance with the
Provider's Supplemental Rules, within the time and in the amount required. A
Registrant electing under Art. 5 (b) (iv) to have the dispute decided by a
three member Panel, rather than the single member Panel elected by the
Complainant, shall pay the Provider one half of the fee for a three member
Panel (see Art. 5 (c)). In all other cases besides the above case, the
Complainant shall bear all of the Provider's fees, except as prescribed
under Paragraph (d) of this Article. Upon and after the appointment of the
Panel, the Provider shall request the payment of additional fees or refund
the appropriate portion, if any, of the fee to the Complainant, as specified
in the Provider's Supplemental Rules.
No action shall be taken by the Provider on a complaint until it has
received from the Complainant the fee in accordance with the previous
paragraph.
If the Provider has not received the fee within ten (10) business days of
receiving the complaint, the complaint shall be deemed withdrawn and the
Proceeding shall be terminated.
In exceptional circumstances, for example, in the event that a hearing is
held, the Provider shall request the Parties for the payment of additional
fees, which shall be established in agreement with the Parties and the
Panel.
The Complainant, having been rendered the decision of transferring the
registration, shall pay the registration fee in accordance with the
Registration Rules upon applying the registration of the domain name's
transfer.
Art. 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 connection
with any administrative proceeding under these Rules.

Art. 21 Amendments
The Center reserves the right to amend these Rules at any time. The Center
shall publish the latest version of these Rules on the web site of the
Center at least thirty (30) calendar days before the effective date of the
revised Rules. The version of these Rules in effect at the time of the
submission of the complaint to the Provider shall apply to the JP Domain
Name Dispute Proceedings commenced thereby.

(c)JPNIC/February 2001
Please read the Copyright Notice 

Copyright (C) Japan Network Information Center. All Rights Reserved.

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 for Assigned Names and Numbers ("ICANN"), is incorporated by reference into your Registration Agreement, and sets forth the terms and conditions in connection with a dispute between you and any party other than us (the registrar) over the registration and use of an Internet domain name registered by you. Proceedings under Paragraph 4 of this Policy will be conducted according to the Rules for Uniform Domain Name Dispute Resolution Policy (the "Rules of Procedure"), which are available at 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 name registration, you hereby represent and warrant to us that (a) the statements that you made in your Registration Agreement are complete and accurate; (b) to your knowledge, the registration of the domain name will not infringe upon or otherwise violate the rights of any third party; (c) you are not registering the domain name for an unlawful purpose; and (d) you will not knowingly use the domain name in violation of any applicable laws or regulations. It is your responsibility to determine whether your domain name registration infringes or violates someone else's rights.

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

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

c. our receipt of a decision of an Administrative Panel requiring such action in any administrative proceeding to which you were a party and which was conducted under this Policy or a later version of this Policy adopted by ICANN. (See Paragraph 4(i) and (k) below.)
We may also cancel, transfer or otherwise make changes to a domain name registration in accordance with the terms of your Registration Agreement or other legal requirements.

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 at www.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 a third party (a "complainant") asserts to the applicable Provider, in compliance with the Rules of Procedure, that

(i) your domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; and

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

(iii) your domain name has been registered and is being used in bad faith.

In the administrative proceeding, the complainant must prove that each of these three elements are present.

b. Evidence of Registration and Use in Bad Faith. For the purposes of Paragraph 4(a)(iii), the following circumstances, in particular but without limitation, if found by the Panel to be present, shall be evidence of the registration and use of a domain name in bad faith:

(i) circumstances indicating that you have registered or you have acquired the domain name primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to the complainant who is the owner of the trademark or service mark or to a competitor of that complainant, for valuable consideration in excess of your documented out-of-pocket costs directly related to the domain name; or

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

(iii) you have registered the domain name primarily for the purpose of disrupting the business of a competitor; or

(iv) by using the domain name, you have intentionally attempted to attract, for commercial gain, Internet users to your web site or other on-line location, by creating a likelihood of confusion with the complainant's mark as to the source, sponsorship, affiliation, or endorsement of your web site or location or of a product or service on your web site or location.

c. How to Demonstrate Your Rights to and Legitimate Interests in the Domain Name in Responding to a Complaint. When you receive a complaint, you should refer to Paragraph 5 of the Rules of Procedure in determining how your response should be prepared. Any of the following circumstances, in particular but without limitation, if found by the Panel to be proved based on its evaluation of all evidence presented, shall demonstrate your rights or legitimate interests to the domain name for purposes of Paragraph 4(a)(ii):

(i) before any notice to you of the dispute, your use of, or demonstrable preparations to use, the domain name or a name corresponding to the domain name in connection with a bona fide offering of goods or services; or

(ii) you (as an individual, business, or other organization) have been commonly known by the domain name, even if you have acquired no trademark or service mark rights; or

(iii) you are making a legitimate noncommercial or fair use of the domain name, without intent for commercial gain to misleadingly divert consumers or to tarnish the trademark or service mark at issue.

d. Selection of Provider. The complainant shall select the Provider from among those approved by ICANN by submitting the complaint to that Provider. The selected Provider will administer the proceeding, except in cases of consolidation as described in Paragraph 4(f).

e. Initiation of Proceeding and Process and Appointment of Administrative Panel. The Rules of Procedure state the process for initiating and conducting a proceeding and for appointing the panel that will decide the dispute (the "Administrative Panel").

f. Consolidation. In the event of multiple disputes between you and a complainant, either you or the complainant may petition to consolidate the disputes before a single Administrative Panel. This petition shall be made to the first Administrative Panel appointed to hear a pending dispute between the parties. This Administrative Panel may consolidate before it any or all such disputes in its sole discretion, provided that the disputes being consolidated are governed by this Policy or a later version of this Policy adopted by ICANN.

g. Fees. All fees charged by a Provider in connection with any dispute before an Administrative Panel pursuant to this Policy shall be paid by the complainant, except in cases where you elect to expand the Administrative Panel from one to three panelists as provided in Paragraph 5(b)(iv) of the Rules of Procedure, in which case all fees will be split evenly by you and the complainant.

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

i. Remedies. The remedies available to a complainant pursuant to any proceeding before an Administrative Panel shall be limited to requiring the cancellation of your domain name or the transfer of your domain name registration to the complainant.

j. Notification and Publication. The Provider shall notify us of any decision made by an Administrative Panel with respect to a domain name you have registered with us. All decisions under this Policy will be published in full over the Internet, except when an Administrative Panel determines in an exceptional case to redact portions of its decision.

k. Availability of Court Proceedings. The mandatory administrative proceeding requirements set forth in Paragraph 4 shall not prevent either you or the complainant from submitting the dispute to a court of competent jurisdiction for independent resolution before such mandatory administrative proceeding is commenced or after such proceeding is concluded. If an Administrative Panel decides that your domain name registration should be canceled or transferred, we will wait ten (10) business days (as observed in the location of our principal office) after we are informed by the applicable Provider of the Administrative Panel's decision before implementing that decision. We will then implement the decision unless we have received from you during that ten (10) business day period official documentation (such as a copy of a complaint, file-stamped by the clerk of the court) that you have commenced a lawsuit against the complainant in a jurisdiction to which the complainant has submitted under Paragraph 3(b)(xiii) of the Rules of Procedure. (In general, that jurisdiction is either the location of our principal office or of your address as shown in our Whois database. See Paragraphs 1 and 3(b)(xiii) of the Rules of Procedure for details.) If we receive such documentation within the ten (10) business day period, we will not implement the Administrative Panel's decision, and we will take no further action, until we receive (i) evidence satisfactory to us of a resolution between the parties; (ii) evidence satisfactory to us that your lawsuit has been dismissed or withdrawn; or (iii) a copy of an order from such court dismissing your lawsuit or ordering that you do not have the right to continue to use your domain name.

5. All Other Disputes and Litigation. All other disputes between you and any party other than us regarding your domain name registration that are not brought pursuant to the mandatory administrative proceeding provisions of Paragraph 4 shall be resolved between you and such other party through any court, arbitration or other proceeding that may be available.

6. Our Involvement in Disputes. We will not participate in any way in any dispute between you and any party other than us regarding the registration and use of your domain name. You shall not name us as a party or otherwise include us in any such proceeding. In the event that we are named as a party in any such proceeding, we reserve the right to raise any and all defenses deemed 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 domain name 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 another holder (i) during a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15) business days (as observed in the location of 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 to whom the domain name registration is being transferred agrees, in writing, to be bound by the decision of the court or arbitrator. We reserve the right to cancel any transfer of a domain name registration to another holder that is made in violation of this subparagraph.

b. Changing Registrars. You may not transfer your domain name registration to another registrar during a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded. You may transfer administration of your domain name registration to another registrar during a pending court action or arbitration, provided that the domain name you have registered with us shall continue to be subject to the proceedings commenced against you in accordance with the terms of this Policy. In the event that you transfer a domain name registration to us during the pendency of a court action or arbitration, such dispute shall remain subject to the domain name dispute policy of the registrar from which the domain name registration was transferred.

9. Policy Modifications. We reserve the right to modify this Policy at any time with the permission of ICANN. We will post our revised Policy at at least thirty (30) calendar days before it becomes effective. Unless this Policy has already been invoked by the submission of a complaint to a Provider, in which event the version of the Policy in effect at the time it was invoked will apply to you until the dispute is over, all such changes will be binding upon you with respect to any domain name registration dispute, whether the dispute arose before, on or after the effective date of our change. In the event that you object to a change in this Policy, your sole remedy is to cancel your domain name registration with us, provided that you will not be entitled to a refund of any fees you paid to us. The revised Policy will apply to you until you cancel your domain name registration.

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