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Domain name dispute resolution policy from One Click Actions

Last update: November 6, 2024

This Domain Name Dispute Resolution Policy (the “Policy”) has been adopted by One Click Actions to provide customers with the ability to efficiently and fairly resolve disputes related to the registration and use of domain names. The Policy is based on the Uniform Domain-Name Dispute-Resolution Policy (UDRP) of the Internet Corporation for Assigned Names and Numbers (ICANN), which applies to generic top-level domains (gTLDs) and certain country-code top-level domains (ccTLDs) that are subject to the UDRP.

The policy describes the conditions under which One Click Actions can intervene as a registrar in a dispute between a customer and a third party. It also regulates the circumstances under which domain registrations can be canceled, transferred or modified.

1. purpose of the directive

This policy was developed to resolve disputes in connection with the registration and use of domain names efficiently and transparently. It ensures that all parties involved – domain holders and third parties – have a fair and uniform framework for resolving disputes. The UDRP and this policy apply to all domain names under generic top-level domains (gTLDs) administered by ICANN, as well as to certain country-code top-level domains (ccTLDs) that have adopted the UDRP.

2. your representations and warranties

By registering a domain name or instructing us to renew or change an existing domain, you represent and warrant that:

  • Completeness and accuracy of the information: The information you provide when registering a domain name is truthful, accurate, current and complete.
  • No infringement of third party rights: You have checked to the best of your knowledge and belief that the registration of the domain name does not infringe any third party rights, including but not limited to trademark rights and intellectual property rights.
  • Compliant Use: You will not register or use the domain name for any illegal or unauthorized purpose, and use will be in accordance with applicable laws and regulations.

It is your responsibility to ensure that your use of the domain name complies with the law and this policy. One Click Actions reserves the right to suspend or cancel domain registrations for violations of these assurances.

3 Cancellation, transfer and modification of domain registrations

One Click Actions reserves the right to cancel, transfer or modify a domain registration under the following circumstances:

a. Upon your written or electronic instruction: Domain holders may voluntarily modify, transfer or cancel their domain registration, provided such instructions are submitted in writing or electronically and comply with security requirements.

b. Upon order of a court or arbitration institution: One Click Actions will modify, transfer or delete domain registrations when required by a judgment or order of a court or arbitration institution.

c. Subject to this Policy: One Click Actions may modify, transfer or cancel a domain registration in the event of confirmed trademark infringement, violation of this Policy or at the direction of ICANN.

4 Mandatory administrative procedure

In the event of a complaint from a third party (hereinafter referred to as the “Complainant”), the Domain Holder is requested to participate in an administrative dispute resolution procedure if the Complainant claims that:

a. Identity or similarity with a trademark: The registered domain name is identical or confusingly similar to a trademark or service mark in which the complainant holds rights.

b. No legitimate interests: The domain holder has no rights or legitimate interests in the domain name.

c. Registration and use in bad faith: The domain name is registered and used in bad faith.

In such proceedings, the complainant must prove all three of these points in order to win the dispute.

5. bad faith registration and use – burden of proof

The following list describes some of the circumstances that may be considered evidence of bad faith registration and use under Section 4(a)(iii) of this Policy. This list is not exhaustive and each case will be considered individually.

a. Sale or transfer at excessive prices: The Domain Holder has registered the domain name primarily to sell it to the Complainant or one of its competitors at a price that significantly exceeds the actual cost of registration.

b. Obstruction of trademark use by the complainant: The domain name holder has registered the domain name to prevent the complainant from using its trademark in a domain name and shows a pattern of abusive behavior through similar actions.

c. Targeted disruption of a competitor’s business: The domain holder has registered the domain name primarily in order to disrupt the business of a competitor and impair their business activities.

d. Use for deception or confusion: By using the domain name, the domain owner has attempted to fraudulently direct Internet users to its website or other online platform in order to create confusion as to the complainant’s source, endorsement, affiliation or authorization.

6. defense against a complaint – rights and interests of the domain holder

If a complaint is filed against you, you will have the opportunity to present evidence of your rights or legitimate interests in the domain name. The following circumstances may be considered as evidence of your legitimate interests:

a. Good faith use: Prior to receiving the dispute, you used the domain name or a similar name in good faith for the operation of a business or the provision of services.

b. Generally known under the domain name: You are generally known by the domain name, even if you do not own any trademark rights to the name.

c. Non-commercial and fair use: You are using the domain name lawfully and not for commercial purposes, without misleading consumers or damaging the complainant’s brand.

These circumstances must be set out in detail in your response to the complaint and supported by relevant evidence.

7. selection of the dispute resolution provider

The complainant has the right to select a dispute resolution provider from the list approved by ICANN. The providers on this list are certified to administer UDRP proceedings and act independently of One Click Actions. Commonly used providers include:

  • World Intellectual Property Organization (WIPO)
  • National Arbitration Forum (NAF)
  • Asian Domain Name Dispute Resolution Center (ADNDRC)

The selected provider administers the procedure in accordance with the procedural rules of the UDRP and the provider’s supplementary rules.

8. initiation of the procedure and procedure sequence

The administrative procedure for resolving domain name disputes involves several steps:

  1. Submission of the complaint: The complainant submits the complaint to the chosen provider and ensures that it complies with the procedural rules.
  2. Notification to One Click Actions: The dispute resolution provider informs One Click Actions about the complaint.
  3. Blocking the domain: One Click Actions locks the domain name to ensure that no transfers are made during the procedure.
  4. Notification to the domain holder: The provider notifies the domain holder of the complaint and officially initiates the procedure.
  5. Domain holder’s response: The domain holder has 20 days to submit a response to the complaint and explain its position.
  6. Decision of the dispute resolution provider: The proceedings will be decided by one or more arbitrators acting in accordance with the rules of the dispute resolution provider. The decision will be communicated to the domain holder, the complainant and One Click Actions.
  7. Enforcement of the decision: One Click Actions will enforce the decision of the dispute resolution provider unless a court order is received within 10 days of the decision.

9. availability of legal proceedings

Participation in the administrative procedure does not prevent either the complainant or the domain holder from settling the dispute before a competent court. If a court is called upon before, during or after the administrative procedure, the decision of the dispute resolution provider may be suspended.