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Dispute Resolution Policy

General Information

Under the policy, most types of trademark based keyword disputes must be resolved by agreement, court action, or arbitration before International Keyword or its affiliates will transfer the keywords.

Disputes alleged to arise from abusive registrations of ikeyword names (for example, cyber squatting) should also be addressed by court action or arbitration.

To invoke the policy, a trademark owner should file a complaint to the exclusive jurisdiction of the English courts against the ikeyword name holder (or where appropriate an in-rem action concerning the ikeyword name) or to the International Charter.

Dispute Resolution Policy

The policy is between the registrar (or other registration affiliates) and its customer (the ikeyword holder or registrant). Thus, the policy uses "we" and "our" to refer to the registrar and it uses "you" and "your" to refer to the keyword holder.

1. Introduction

This policy sets forth the terms and conditions in relation with a contest between you and any party other than us (the registrar) over the registration and use of an International Keyword name registered by you.

2. Your Commitments

By applying to register an ikeyword, or by asking us to maintain or renew an ikeyword 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 keyword name will not infringe upon or otherwise violate the rights of any third party;
c) you are not registering the ikeyword name for an unlawful purpose; and
d) you will not knowingly use the ikeyword name in violation of any applicable laws or regulations.

It is your responsibility to determine whether your ikeyword name registration infringes or violates someone else's rights.

3. Changes of Circumstance

We will cancel, transfer or otherwise make changes to ikeyword name registrations under the following circumstances:
a) 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, for example the International Charter;
We may also cancel, transfer or otherwise make changes to an ikeyword name registration in accordance with the terms of your Registration Agreement (TOS) or other legal requirements.

4. Our Involvement in Law Court Proceedings

We do not, and will not, participate in the administration or conduct of any proceeding before a Law Court. In addition, we will not be liable as a result of any decisions rendered by the English Law Courts.

5. Result of Proceedings

It is important to note that iKeyword does not
a) Have the power to transfer an iKeyword to a third party without the express consent of the registrant or an Order of the English Law Courts or a ruling by the International Charter.
b) Offer legal advice to those in dispute over iKeyword registrations.
c) Make judgments as to whether the registration or use of an iKeyword infringes the rights of third parties.

The English courts are the proper recourse for those involved in an iKeyword dispute, and iKeyword will comply with English Court Orders when a dispute is settled through the legal process.

If a law court decides that your ikeyword name registration should be canceled or transferred, we will wait twelve (12) business days after we are informed by the pursuant of the decision by the applicable law court before implementing that decision. We will then implement the decision unless we have received from you during that twelve (12) business day period official documentation (such as a court's decision, file-stamped by the clerk of the court) that the courts have ruled in your favor. If we receive such documentation within the twelve (12) business day period, we will not implement the original decision.

We will take no action if information provided to us is
a) Evidence satisfactory to us of a resolution between the parties; or
b) evidence satisfactory to us that the pursuant's lawsuit has been dismissed or withdrawn;

6. All Other Disputes

All other disputes between you and any party other than us regarding your ikeyword name registration shall be resolved between you and such other party through any court, arbitration or other proceeding that may be available.

7. Our Involvement in Disputes

We will not take part in any way in any dispute between you and any party other than us regarding the registration and use of your ikeyword 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 undertaking, we reserve the right to raise any and all defenses deemed suitable, and to take any other action essential to defend ourselves.

8. Transfers During a Dispute

i. Transfers of an iKeyword Name to a New Holder.
You may not transfer your ikeyword name registration to another holder
a) during a pending court proceeding brought by a pursuant or for a period of eighteen (18) business days after such proceeding is concluded; or
b) during a pending court proceeding or arbitration commenced regarding your ikeyword name unless the party to whom the ikeyword 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 an ikeyword name registration to another holder that is made in violation of this subparagraph.

ii. Changing Registrars.
You may not transfer your ikeyword name registration to another registrar during a pending administrative proceeding brought by a pursuant or for a period of eighteen (18) business days after such proceeding is concluded. You may transfer administration of your ikeyword name registration to another registrar during a pending court action or arbitration, provided that the ikeyword 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 an ikeyword name registration to us during the pendency of a court action or arbitration, such dispute shall remain subject to the ikeyword name dispute policy of the registrar from which the ikeyword name registration was transferred.

9. Policy Modifications

We retain the right to modify this policy at anytime. We will post our revised Policy at our site at least thirty (30) business days before it becomes effective. Unless this policy has already been called upon by the submission of a protest to us or our affiliate registrars, in which event the version of the policy in effect at the time it was called upon will apply to you until the dispute is over.

For the most recent version of this policy visit http://www.ikeyword.com/documents/dispute.html


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