British Indian Ocean Territory
Dispute resolution policy for Domain Names registered with NIC.IO
1.1 The Applicant is responsible for the selection of its own domain name and by submitting its application, the Applicant represents that:
1.2 NIC.IO has no obligation to verify any information submitted to it by any Applicant and may rely upon the above representations.
1.3 The Applicant shall hold NIC.IO and any of its directors, officers, employees and agents harmless from any claim by a third party arising out of or in connection with the registration or use of a domain name or any other listing information.
2.1 NIC.IO shall not act as arbiter of disputes between the Applicant and a third party arising out of or in connection with the registration or use of a domain name or any other listing information.
2.2 The Applicant shall promptly notify NIC.IO of the commencement of any legal proceedings arising out of or in connection with the registration or use of a domain name or any other listing information. Following such notification, no copies of any communications between the parties to such proceedings shall be transmitted to NIC.IO.
The Applicant submits to the non-exclusive jurisdiction of the English courts for purposes of any court action brought against the Applicant arising out of or in connection with the registration or use of a domain name and the Applicant waives all rights to challenge such jurisdiction.
3.2.1 Any third party may bring a claim against the Applicant arising out of or in connection with the registration or use of a domain name or any other listing information before a WIPO (âWorld Intellectual Property organisationâ) Arbitrator in accordance with the WIPO Expedited Arbitration Rules, As Adapted.
3.2.2 The proceedings before the WIPO Arbitrator shall be initiated by the filing of a Request for Arbitration with the WIPO Arbitration and Mediation Center.
3.2.3 Without prejudice to any determination of the WIPO Arbitrator with respect to the appointment of the costs of the arbitration and the provision of security for claims and costs in accordance with the WIPO Expedited Arbitration Rules, As Adapted, the remedies that may be awarded by the WIPO Arbitrator shall be limited to: (1) the provisional suspension of a registration for the duration of the proceedings, (2) the cancellation of a registration, and (3), subject to the agreement of the parties, a modification of the registration.
4. NIC.IO is bound to implement any order or decision of a court that is enforceable against it and any order or decision of a WIPO Arbitrator. The Applicant waives any right to pursue a claim against NIC.IO arising out of or in connection with the implementation by NIC.IO of any such order or decision, including the right to seek an injunction barring their implementation. The Applicant also shall hold NIC.IO and any of its directors, officers, employees and agents harmless from any such claim by a third party.
5. Where NIC.IO has been notified that legal proceedings have been commenced in relation to an Applicantâs entry, NIC.IO shall have the right to attach a notice to this effect to such entry and to bar the Applicant from modifying the entry during the course of the proceedings.
6.1 All notices in a WIPO arbitration shall be in accordance with the relevant provisions of the WIPO Expedited Arbitration Rules, As Adapted.
6.2 All notices in other legal proceedings shall be in writing and shall be delivered by hand, fax transmission, registered mail or other means of communication that provide a record thereof.
6.3 The Applicant is under the obligation to keep its contact details and in particular the e-mail address of its Administrative Contact specified in the Applicant's registration at all times up to date in accordance with article 4.2 of the Terms and Conditions. The Applicant acknowledges that such e-mail address may be relied upon for the purpose of serving any notices concerning a dispute under the provisions of this Policy and, in particular, for the purpose of serving the Request for Arbitration.
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