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RE: [nc-deletes] UDRP text


Title: Message
I've just remembered that I upset John when I send Word documents.
 
Here is the text of the attachment dumped into the email:
 

Proposed rules relating to lapsing domain names the subject of UDRP actions

 

 

1.     In the event that a domain the subject of a UDRP dispute is likely to expire during the course of the dispute, the dispute resolution provider will notify the complainant of the impending expiration either at the time the dispute is filed, or no later than 30 days prior to the expiration of the domain.

 

2.     In such an event, the complainant will have the option to pay for a one year renewal at the sponsoring registrar's current prevailing rate for renewals.

 

3.     The original registrant will have the option of paying for the domain name at any time up to the end of relevant registrar's normal renewal grace period.  In the event that the complainant paid the renewal fee prior to the domain name lapsing, the grace period will be extended by the registrar to an extra thirty days (to mirror the registry's redemption grace period).  If the complainant did not opt to pay the renewal fee, the normal registrar's renewal grace period will apply and a delete request will be sent to the registry at the end of that period, resulting in the domain name being subject to any redemption grace period at the registry.

 

4.     In the event that both the registrant and the complainant pay for the renewal, the name will be renewed on behalf of the original registrant in accordance with the registrar's usual policy, and any renewal fee paid by the complainant will be refunded.  The order in which the payments are received shall not effect this provision.

 

5.     In the event that only the complainant pays for the renewal of the domain name, the registrar will:

 

a.      Place the name on REGISTRAR HOLD and REGISTRAR LOCK, with the result that the name will no longer resolve in the DNS.

 

b.     Modify the Whois entry for the domain name to indicate that the name is the subject to a UDRP dispute, and to remove all specific ownership information for the Whois record.

 

c.      If the complaint is terminated prior to a verdict being rendered, but after the domain reaches this state, the domain name will be deleted.

 

 

6.     In the event that the verdict of the UDRP complaint is that the domain is to be transferred to the complainant, the registrar shall transfer the name in accordance with its regular process for such situations.

 

7.     Notwithstanding clause 3 above, if the verdict of the UDRP complaint is that the domain name is to be deleted, the registrar shall delete the name in accordance with the usual UDRP process.

 

8.     Where only the complainant paid the renewal fee for a domain name the subject of a UDRP action and the complainant's UDRP case fails, if the registrar's normal renewal grace period has expired, the domain name will be deleted, and will then be subject to any redemption grace period operated by the registry.

 

9.       In the event that the complainant's UDRP claim fails and the registrar's normal renewal grace period has not expired, the domain name will be subject to the registrar's usual renewal and deletion processes (regardless of whether the complainant paid the renewal fee).

-----Original Message-----
From: Jane Mutimear [mailto:jane.mutimear@twobirds.com]
Sent: 27 January 2003 10:32
To: 'Jordyn A. Buchanan'; tim@godaddy.com
Cc: Bret Fausett; nc-deletes@dnso.org
Subject: [nc-deletes] UDRP text

Jordyn

I attach slightly amended rules of domains which lapse whilst UDRP proceedings are pending.

The previous draft had an extra 30 days to the Registrar's normal grace period so as to effectively give the original registrant the same chances of renewing his domain name as he would in normal circumstances.  However, we had drafted this as applying regardless of whether the complainant in the UDRP had paid the renewal fee.  Thinking about this, that would be unfair to the registrar.  In order to be able to offer a further 30 days the registrar would have to have paid the renewal fee itself.  This will be the case even more so in the event that we move to an autodelete mechanism.

Therefore, I have amended the rules so that the registrar has to provide this additional 30 days grace period, only in the event that the complainant has paid.  Then the registrar knows that they have been paid and is merely offering the original registrant the same grace period as they would get if the domain was deleted at that stage.  If the complainant hasn't paid, the domain will be deleted and the registrant is able to take advantage of the RGP in the normal way.

Jane


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________________________________________________________________________
BIRD & BIRD
The contents of this e-mail are intended for the named addressee only.
It contains information which may be confidential and which may also be privileged.
Unless you are the named addressee (or authorised to receive for the addressee) you may not copy or use it, or disclose it to anyone else. If you received it in error please notify us immediately and then destroy it. Further, we make every effort to keep our network free from viruses. However, you do need to verify that this email and any attachments are free of viruses as we can take no responsibility for any computer virus which might be transferred by way of this e-mail.
Please refer to http://www.twobirds.com/fsma.cfm for our regulatory position under the Financial Services and Markets Act 2000 of the United Kingdom.
A full list of partners is available on request.
Details of our offices are available from http://www.twobirds.com

This e-mail has been scanned for all viruses by Star Internet. The
service is powered by MessageLabs. For more information on a proactive
anti-virus service working around the clock, around the globe, visit:
http://www.star.net.uk
________________________________________________________________________


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