Network Solutions’ Domain Name Dispute Policy (Rev 02) will be effective on September 9, 1996. The following summarizes the significant differences between Revision 01 and Revision 02: * Text and format edited with the objective of making the policy easier to read and understand. * Introduction incorporates statements that previously had been scattered throughout the Policy, and specifies: - Second-level domain names are registered on “first-come, first-serve” basis. - Network Solutions does not determine legality of domain name registrations. - Applicant represents that registration of the domain name does not interfere with the rights of any third party, and that the domain name is not being registered for any unlawful purpose. - Network Solutions does not act as arbiter of disputes. - The Policy does not confer any rights upon complainants. * Section 3: Indemnification is limited to loss or damages awarded as the result of or related to registration and use of a domain name. * Section 5(b): Before requesting Network Solutions to take action pursuant to the Policy, trademark owners are required to notify domain name registrants that their registration and use of the domain name violates the legal rights of the trademark owner. * Section 5(c): Network Solutions will only take action under the Policy if they are provided both a certified copy of a federal trademark registration certificate and a copy of the notice provided to the domain name registrant. * Section 6(b): In those instances when a domain name registrant is able to continue their use of the domain name, they are not required to provide additional indemnification beyond that already specified in the Policy. Additionally, the bonding requirement has been deleted. * Section 6(c): Network Solutions will accept a domain name registrant’s trademark only if it was registered before the date of Network Solutions’ request for proof of ownership or any third party’s notification of a dispute to the registrant, whichever is earlier. * Section 6(e): The timing of the “Hold” status is clarified. * Section 7: In those instances when either the domain name registrant or the trademark owner file suit against the other regarding the registration and use of the domain name prior to the domain name being placed on “Hold,” Network Solutions will not place the domain name on “Hold” and will deposit control of the domain name into the registry of the court. * Section 7(c): Network Solutions will abide by all court orders without being named as a party to a law suit. * Section 7 (d): If named as a party to a law suit, Network Solutions reserves the right to raise any and all defenses deemed appropriate. * Section 9: First class mail replaces Certified Mail as an acceptable method of providing notice. In addition, e-mail has been deleted. All correspondence related to domain name disputes and the Domain Name Dispute Policy should be sent to: Network Solutions, Inc. ATTN: David M. Graves 505 Huntmar Park Drive Herndon, VA 22070 Phone: (703) 742-4884 FAX: (703) 742-8706 Email: daveg@netsol.com NETWORK SOLUTIONS’ DOMAIN NAME DISPUTE POLICY (Revision 02, Effective September 9, 1996) INTRODUCTION Network Solutions, Inc. (“Network Solutions”) is responsible for the registration of second- level Internet domain names in the top level COM, ORG, GOV, EDU, and NET domains. Network Solutions registers these second-level domain names on a “first come, first served” basis. By registering a domain name, Network Solutions does not determine the legality of the domain name registration, or otherwise evaluate whether that registration or use may infringe upon the rights of a third party. The applicant (“Registrant”) is responsible for the selection of its own domain name (“Domain Name”). The Registrant, by completing and submitting its application, represents that the statements in its application are true and that the registration of the selected Domain Name, to the best of the Registrant’s knowledge, does not interfere with or infringe upon the rights of any third party. The Registrant also represents that the Domain Name is not being registered for any unlawful purpose. Network Solutions does not act as arbiter of disputes between Registrants and third party complainants arising out of the registration or use of a domain name. This Domain Name Dispute Policy (“Policy”) does not confer any rights, procedural or substantive, upon third party complainants. Likewise, complainants are not obligated to use this Policy. The following prescribes the procedural guidelines Network Solutions may employ when faced with conflicting claims regarding the rights to register an Internet domain name. This Policy does not limit the administrative or legal procedures Network Solutions may use when conflicts arise. GUIDELINES 1. Modifications. Registrant acknowledges and agrees that these guidelines may change from time to time and that, upon thirty (30) days posting on the Internet at ftp://rs.internic.net/policy/internic.domain.policy, Network Solutions may modify or amend this Policy, and that such changes are binding upon Registrant. 2. Connectivity. At the time of the initial submission to Network Solutions of the Domain Name request, the Registrant is required to have operational name service from at least two operational domain name servers for that Domain Name. Each domain name server must be fully connected to the Internet and capable of receiving queries under that Domain Name and responding thereto. Failure to maintain two active domain name servers may result in the revocation of the Domain Name registration. 3. Indemnity. Registrant hereby agrees to defend, indemnify and hold harmless (i) Network Solutions, its officers, directors, employees and agents, (ii) the National Science Foundation ("NSF"), its officers, directors, employees and agents, (iii) the Internet Assigned Numbers Authority ("IANA"), its officers, directors, employees and agents, (iv) the Internet Activities Board (“IAB”), its officers, directors, employees and agents, and (v) the Internet Society (“ISOC”), its officers, directors, employees, and agents (collectively, the "Indemnified Parties"), for any loss or damages awarded by a court of competent jurisdiction resulting from any claim, action, or demand arising out of or related to the registration or use of the Domain Name. Such claims shall include, without limitation, those based upon intellectual property trademark or service mark infringement, tradename infringement, dilution, tortious interference with contract or prospective business advantage, unfair competition, defamation or injury to business reputation. Each Indemnified Party shall send written notice to the Registrant of any such claim, action, or demand against that party within a reasonable time. The failure of any Indemnified Party to give the appropriate notice shall not effect the rights of the other Indemnified Parties. Network Solutions recognizes that certain educational and government entities may not be able to provide indemnification. If the Registrant is (i) a governmental or non-profit educational entity, (ii) requesting a Domain Name with a root of EDU or GOV and (iii) not permitted by law or under its organizational documents to provide indemnification, the Registrant must notify Network Solutions in writing and, upon receiving appropriate proof of such restriction, Network Solutions will provide an alternative indemnification provision for such a Registrant. 4. Revocation. Registrant agrees that Network Solutions shall have the right in its sole discretion to revoke a Domain Name from registration upon thirty (30) days prior written notice, or at such time as ordered by a court, should Network Solutions receive a properly authenticated order by a federal or state court in the United States appearing to have jurisdiction, and requiring the Registrant to transfer or suspend registration of the Domain Name. 5. Third Party Dispute Initiation. Registrant acknowledges and agrees that Network Solutions cannot act as an arbiter of disputes arising out of the registration of a Domain Name. At the same time, Registrant acknowledges that Network Solutions may be presented with information that a Domain Name registered by Registrant violates the legal rights of a third party. Such information includes, but is not limited to, evidence that the second-level Domain Name (i.e., not including .COM, .ORG, .NET, .EDU, or .GOV) is identical to a valid and subsisting foreign or United States federal Registration of a trademark or service mark on the Principal Register that is in full force and effect and owned by another person or entity (“Complainant”): (a) Proof of such a trademark must be by submission of a certified copy, not more than six (6) months old, of a United States Principal or foreign registration (copies certified in accordance with 37 CFR 2.33(a)(1)(viii) or its successor will meet this standard for registrations in jurisdictions other than the United States (“Certified Registration”)). Trademark or service mark registrations from the Supplemental Register of the United States, or from individual states (such as California) of the United States are not sufficient. (b) In addition to the proof required by Section 5(a), the owner of a trademark or service mark registration must give prior notice to the Domain Name Registrant, specifying unequivocally and with particularity that the registration and use of the Registrant’s Domain Name violates the legal rights of the trademark owner, and provide Network Solutions with a copy of such notice. Network Solutions will not undertake any separate investigation of the statements in such notice. (c) In those instances (i) where the basis of the claim is other than a Certified Registration described above, or (ii) where the Complainant fails to provide the proof of notice required by Section 5(b), the third party procedures in Section 6 will not be applied. 6. Third Party Procedures. In those instances where a third party claim is based upon and complies with Section 5(a and b), Network Solutions may apply the following procedures, which recognize that trademark ownership does not automatically extend to a Domain Name and which reflect no opinion on the part of Network Solutions concerning the ultimate determination of the claim: (a) Network Solutions shall determine the activation date of the Registrant’s Domain Name. (b) If the Registrant’s Domain Name activation date is before the earlier of (i) the date of first use of the trademark or service mark in the Certified Registration or (ii) the effective date of the valid and subsisting Certified Registration owned by the Complainant, or, if Registrant provides evidence of ownership of a trademark or service mark as provided in Section 5, the Registrant shall be allowed to continue the registration and use of the contested Domain Name, as against that Complainant and subject to the remaining terms of this Policy. (c) If the activation date of the Domain Name is after the earlier of (i) the date of first use of a Complainant’s trademark or service mark in the Certified Registration, or (ii) the effective date of the valid and subsisting Certified Registration owned by the Complainant, then Network Solutions shall request from the Registrant proof of ownership of Registrant’s own registered mark by submission of a certified copy, of the type and nature specified in Section 5(a) above, owned by the Registrant and which was registered prior to the earlier of the date of Network Solutions’ request for proof of ownership above or any third party notifying the Registrant of a dispute. The mark provided must be identical to the second-level Domain Name registered to the Registrant. (d) If the Registrant’s activation date is after the dates specified in Section 6(b), or the Registrant fails to provide evidence of a trademark or service mark registration to Network Solutions within thirty (30) days of receipt of Network Solutions’ request, Network Solutions will assist Registrant with assignment of a new domain name, and will allow Registrant to maintain both names simultaneously for up to ninety (90) days to allow an orderly transition to the new domain name. Network Solutions will provide such assistance to a Registrant if and only if Registrant (1) submits a domain name template requesting the registration of a new domain name; and (2) submits an explicit written request for assistance, including an identification of the Registrant’s desired new domain name and the tracking number assigned by Network Solutions in response to the new domain name template, both within thirty (30) days of receipt of Network Solutions’ original notice of the complaint. At the end of the ninety (90) day period of simultaneous use, Network Solutions will place the disputed Domain Name on "Hold" status, pending resolution of the dispute. As long as a Domain Name is on "Hold" status, that Domain Name registered to Registrant shall not be available for use by any party. (e) In the event the Registrant (1) fails to provide the documentation required by Section 6(c) of a trademark or service mark registration within thirty (30) days of receipt of Network Solutions’ dispute notification letter, (2) provides Network Solutions written notification that Registrant will neither accept the assignment of a new domain name nor relinquish its use of the Domain Name, or (3) fails to take any action or provide any written notice within the times specified in this Section 6, whichever event occurs first, Network Solutions will place the Domain Name on “Hold.” As long as a Domain Name is on “Hold” status, that Domain Name registered to Registrant shall not be available for use by any party. (f) Network Solutions will reinstate the Domain Name placed in a "Hold" status (i) upon receiving a properly authenticated temporary or final order by a federal or state court in the United States having competent jurisdiction and stating which party to the dispute is entitled to the Domain Name, or (ii) if Network Solutions receives other satisfactory evidence from the parties of the resolution of the dispute. 7. Litigation. In the event that, prior to the Domain Name being placed on “Hold”: (a) The Registrant files suit related to the registration and use of the Domain Name against the Complainant in any court of competent jurisdiction in the United States, Network Solutions will not place the Domain Name on “Hold,” subject to the remaining terms of this Policy and pending a temporary or final decision of the court, provided that the Registrant provides a copy of the file-stamped Complaint to Network Solutions. In such cases, Network Solutions will deposit control of the Domain Name into the registry of the court. Registrant also shall promptly provide copies of any and all pleadings filed in the action to Network Solutions upon Network Solutions’ request. (b) The Complainant files suit related to the registration and use of the Domain Name against the Registrant in any court of competent jurisdiction in the United States and provides Network Solutions with a copy of the file-stamped Complaint, Network Solutions will not place the Domain Name on “Hold,” subject to the remaining terms of this Policy, and will deposit control of the Domain Name into the registry of the court pending a temporary or final decision of the court. (c) In both instances, under Section 7 (a and b), Network Solutions will immediately abide by all temporary or final court orders directed at either Registrant or Complainant, without being named as a party to the suit. If named as a party to a law suit, Network Solutions shall not be limited to the above actions, but reserves the right to raise any and all defenses deemed appropriate. 8. DISCLAIMER. REGISTRANT AGREES THAT NETWORK SOLUTIONS WILL NOT BE LIABLE FOR ANY LOSS OF REGISTRATION AND USE OF REGISTRANT’S DOMAIN NAME, OR FOR INTERRUPTION OF BUSINESS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF NETWORK SOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL NETWORK SOLUTIONS’ MAXIMUM LIABILITY UNDER THESE POLICY GUIDELINES EXCEED FIVE HUNDRED ($500.00) DOLLARS. 9. Notices. All notices or reports permitted or required under this Policy shall be in writing and shall be delivered by personal delivery, facsimile transmission, and/or by first class mail, and shall be deemed given upon personal delivery, or seven (7) days after deposit in the mail, whichever occurs first. Initial notices to the Registrant shall be sent to the Domain Name Administrative Contact at the address associated with the Domain Name Registrant listed in the InterNIC Registration Services' database (i.e., the address contained in Section 3 of the Domain Name Registration Agreement (template)). 10. Non-Agency. Nothing contained in this Policy shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. 11. Non-Waiver. The failure of either party to require performance by the other party of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of the provision itself. 12. Breach. Registrant’s failure to abide by any provision under this Policy may be considered by Network Solutions to be a material breach and Network Solutions may provide a written notice, describing the breach, to the Registrant. If, within thirty (30) days of the date of mailing such notice, the Registrant fails to provide evidence, which is reasonably satisfactory to Network Solutions, that it has not breached its obligations, then Network Solutions may revoke Registrant's registration of the Domain Name. Any such breach by a Registrant shall not be deemed to have been excused simply because Network Solutions did not act earlier in response to that, or any other, breach by the Registrant. 13. Invalidity. In the event that any provision of this Policy shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Policy unenforceable or invalid as a whole. Network Solutions will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of Network Solutions as reflected in the original provision. 14. ENTIRETY. THESE GUIDELINES, AS AMENDED, AND THE REGISTRATION AGREEMENT (TEMPLATE) TOGETHER CONSTITUTE THE COMPLETE AND EXCLUSIVE AGREEMENT OF THE PARTIES REGARDING DOMAIN NAMES. THESE GUIDELINES SUPERSEDE AND GOVERN ALL PRIOR PROPOSALS, AGREEMENTS, OR OTHER COMMUNICATIONS BETWEEN THE PARTIES. REGISTRANT AGREES THAT REGISTRATION OF A DOMAIN NAME CONSTITUTES AN AGREEMENT TO BE BOUND BY THIS POLICY, AS AMENDED FROM TIME TO TIME.