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Unsponsored
TLD Agreement: Appendix L (.biz)
Posted: 18 April 2001
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.biz Registration
Restrictions
Restrictions
Registrations in the .biz TLD will be subject
to the following restrictions:
1. Registrations in the .biz TLD must be
used or intended to be used primarily for bona fide business
or commercial purposes; and
2. Registrations in the .biz TLD must comply
with the Uniform Dispute Resolution Policy ("UDRP"),
as adopted and as may be amended by the Internet Corporation
of Assigned Names and Numbers. For proceedings intitiated before
the Commencement-of-Service Date, a modified version of the UDRP,
known as the Start-Up Uniform Dispute Resolution Policy ("SUDRP")
(which also includes corresponding modifications to the Rules
for Uniform Domain Name Resolution Policy) will apply.
For purposes of the .biz Registration Restrictions
("Restrictions"), "bona fide business or commercial
use" shall mean the bona fide use or bona fide intent to
use the domain name or any content, software, materials, graphics
or other information thereon, to permit Internet users to access
one or more host computers through the DNS:
1. To exchange goods, services, or property
of any kind;
2. In the ordinary course of trade or business;
or
3. To facilitate (i) the exchange of goods,
services, information, or property of any kind; or, (ii) the
ordinary course of trade or business.
Registering a domain name solely for the
purposes of (1) selling, trading or leasing the domain name for
compensation, or (2) the unsolicited offering to sell, trade
or lease the domain name for compensation shall not constitute
a "bona fide business or commercial use" of that domain
name.
For illustration purposes, the following
shall not constitute a "bona fide business or commercial
use" of a domain name:
1. Using or intending to use the domain
name exclusively for personal, noncommercial purposes; or
2. Using or intending to use the domain
name exclusively for the expression of noncommercial ideas (i.e.,
registering abcsucks.biz exclusively to criticize or otherwise
express an opinion on the products or services of ABC company,
with no other intended business or commercial purpose).
Violations
It will be a violation of the Restrictions
for an Applicant to:
1. register or use a domain name contrary
to the SUDRP;
2. register and use a domain name contrary
to the UDRP; or
3. use the registered domain name in a
manner inconsistent with the definition of "business or
commercial use" contained herein.
Violations of the Restrictions may be grounds
for cancellation of a registered .biz domain name, pursuant to
the enforcement mechanism discussed below.
Enforcement
A violation of the Restrictions will be
enforced on a case-by-case, fact specific basis under the processes
set forth below:
1. Any allegation that a domain name is
not used primarily for business or commercial purposes shall
be enforced under the provisions of the Restrictions Dispute
Resolution Process ("RDRP") as set forth in Appendix
M.
2. Any alleged violation of the UDRP shall
be enforced under the provisions contained therein, as modified
by the SUDRP for proceedings initiated no later than sixty days
after the Commencement-of-Service Date.
None of the violations of the Restrictions
will be enforced directly by or through Registry Operator. The
RDRP, UDRP, and SUDRP will be made applicable by the ICANN-Accredited
Registrars' registration agreements with registrants. Proceedings
under the RDRP, UDRP, and SUDRP must be brought by interested
third parties in accordance with the policies and procedures
set forth in Appendix M. Registry Operator will not review, monitor,
or otherwise verify that any particular domain name is being
used primarily for business or commercial purposes or that a
domain name is being used in compliance with the SUDRP or UDRP
processes.
Registration
Requirements
Before the Registry Operator will accept
applications for registration, all domain name applicants in
the .biz TLD ("Applicants") must:
1. Enter into an electronic or paper registration
agreement with an ICANN-Accredited Registrar ("Registrar"),
in accordance with the ICANN Registrar Accreditation Agreement
("Accreditation Agreement") and the Registry-Registrar
Agreement. Such electronic or paper registration agreement shall
include the following certifications:
a) The data provided in the domain name
registration application is true, correct, up to date and complete;
and
b) The registrant will keep the information
provided above up to date.
2. As part of a domain name registration
application, the Applicant must certify that to the best of its
knowledge:
a) The registered domain name will be used
in a manner consistent with the Restrictions above;
b) The domain name registrant has the authority
to enter into the registration agreement; and
c) The registered domain name is reasonably
related to the registrant's business or intended commercial purpose
at the time of registration.
Failure to comply with the above will result
in failure of the Registry Operator to process an Applicant's
domain name application.
Reservation
Registry Operator reserves the right to
deny, cancel or transfer any registration that it deems necessary,
in its discretion, to protect the integrity and stability of
the registry, to comply with any applicable laws, government
rules or requirements, requests of law enforcement, in compliance
with any dispute resolution process, or to avoid any liability,
civil or criminal, on the part of Registry Operator, as well
as its affiliates, subsidiaries, officers, directors and employees.
Registry Operator also reserves the right to freeze a domain
name during resolution of a dispute.
Earlier drafts:
6 March 2001
Comments concerning the layout, construction and
functionality of this site
should be sent to webmaster@icann.org.
Page Updated 18-April-2001
©2001 The Internet Corporation
for Assigned Names and Numbers. All
rights reserved.
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