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Rules for the .cr
Domain Name Dispute Resolution Policy

The administrative proceeding for the resolution of disputes regarding .cr domain names shall be governed by these Rules and by the Provider's Supplemental Rules as posted in its website.

  1. Definitions.

    In these Rules:

    • Complainant means the party that initiates a complaint concerning a domain name registration.
    • National Academy of Sciences and its NIC Costa Rica unit refers to the Registry and currently the only Registrar for cr.
    • Mutual Jurisdiction means a court jurisdiction in the Republic of Costa Rica.
    • Panel means the administrative panel appointed by a Provider to decide a complaint in connection to a domain name registration.
    • Panelist means the individual appointed by the Provider to be a member of a Panel.
    • Party means a complainant or a respondent.
    • Policy refers to the .cr Domain Name Dispute Resolution Policy which is incorporated by reference and made a part of the Registration Agreement.
    • Provider means a dispute-resolution service provider approved by the National Academy of Sciences and its NIC Costa Rica unit. A list of such providers is posted at http://www.nic.cr/niccr_publico/showSimpleNew.do?id=33.
    • Registrar means the entity with which the respondent has registered the domain name that is the subject of a complaint.
    • Registration Agreement refers to the agreement between the registrar and the domain-name holder, that is, the Policies for the Operation of the .cr Top-Level Domain.
    • Respondent means the holder of a domain name registration against which a complaint is initiated.
    • Reverse Domain Name Hijacking (also known as harassment) means using the Policy in bad faith to attempt to deprive a registered domain-name holder of a domain name.
    • Supplemental Rules refer to the rules adopted by the Provider who administers a proceeding to supplement these Rules. The Supplemental Rules shall not be inconsistent with the Policy of these Rules and shall cover such topics as fees, word and page limits and guidelines, the means for communicating with the provider and the panel and the layout of the cover pages.

      Written Notice means hardcopy notification by the Provider to the respondent of the commencement of an administrative proceeding under the Policy which shall inform the respondent that a complaint has been filed against it, and which shall state that the Provider has electronically transmitted the complaint including any annexes to the respondent by the means specified herein. Written notice does not include a hardcopy of the complaint itself or of any annexes.

  2. Communications

    1. a) When forwarding a complaint, including any annexes, electronically to the respondent, it shall be the Provider's responsibility to employ any reasonable available means deemed necessary to achieve actual notice to the respondent. Achieving actual notice or employing the following measures for that matter, shall discharge such responsibility:
      1. i) sending Written Notice of the complaint to all postal addresses or facsimile addresses shown in the domain name's registration data in registrar's "Whois" database for the registered domain-name holder, the technical contact and the administrative contact;
      2. ii) sending the complaint, including any annexes, in electronic form by e-mail to:

        1. A) the e-mail addresses for those technical and administrative contacts;
        2. B) postmaster@< the contested domain name> and
        3. C) if the domain name (or "www." followed by the domain name) results in an active web page (other than the generic page the provider concludes is being maintained by a registrar or an Internet service provider for parking domain names registered by multiple domain-name holders) any e-mail address or e-mail links shown on that web page, and;
      3. iii) sending the complaint, including any annexes, to any e-mail address that the respondent has notified the provider as preferred address, and to the extent practicable, to all other e-mail addresses provided by the respondent to the provider under Paragraph 3(b)(v)
    2. b) Except as provided in Paragraph 2(a), any written communication to the complainant or the respondent under these Rules shall be made electronically via the Internet (a record of its transmission being available), or by any reasonably requested preferred means stated by the complainant or the respondent, respectively (See Paragraphs 3(b)(iii) and 5(b)(iii)).

    3. c) Any communication to the provider or the Panel shall be made by the means and manner (including, where applicable, the number of copies) stated in the Provider's Supplemental Rules.
    4. d) Communications shall be made in the language prescribed in Paragraph 11. Whenever possible, e-mail notifications shall be made in common language.
    5. e) Either party may update its contact details by notifying the provider and the registrar.
    6. f) Except as otherwise provided in these Rules or decided by a panel, all communications provided for under these Rules shall be deemed to have been made if:

      1. i) if via the Internet, on the date the communication was transmitted, provided that the date of transmission is verifiable; or, where applicable
      2. ii) if delivered by telecopy of facsimile transmission, on the date shown on the confirmation of transmission; or
      3. iii) if by postal or courier service, on the date marked on the receipt.
    7. g) Except as otherwise provided in these Rules, all time periods calculated under these Rules to begin when a communication is made shall begin to run on the earliest date that the communication is deemed to have been made in accordance with Paragraph 2(f).
    8. h) Any communication made by

      1. i) a panel to any party shall be copied to the provider and to the other party.
      2. ii) the provider to any party shall be copied to the other party; and
      3. iii) a party shall be copied to the other party, the panel and the provider as the case made be.
    9. i) It shall be the responsibility of the sender to keep a record of the fact and the circumstances of sending, which shall be available for inspection by the interested parties and for information purposes. This includes the provider in sending Written Notice to the Respondent by post and/or facsimile under Paragraph 2(a)(i).
    10. j) In the event that a party sending a communication receives notification of non-delivery of such communication, the party shall immediately notify the panel (or, if the panel has not been appointed yet to the provider) of the circumstances of the notification. Any other procedures in connection to the communication and any response shall be executed as directed by the panel (or the provider.)
  3. The Complaint

    1. a) Any person or entity may initiate an administrative proceeding by submitting a complaint to any provider approved by the National Academy of Sciences and its NIC Costa Rica unit in accordance with the Policy and these Rules. (Due to the capacity constraints or for any other reasons, the provider's ability to accept complaints may be impossible at times. In such circumstances, the provider shall refuse the complaint submission. The person or entity may submit the complaint to another provider.)
    2. b) The complaint, including any annexes, shall be submitted in electronic form and shall:

      1. i) Request that the complaint be submitted for decision in accordance with the Policy and these Rules;
      2. ii) Provide the name, postal and e-mail addresses, and telephone and telefax numbers of the complainant and of any other representative authorized to act for the complainant in the administrative proceeding;
      3. iii) Specify a preferred method for the communications addressed to the complainant in the administrative proceeding (including the person to be contacted, the medium, and address information) for each A) electronic-only material and B) material including hard copies (where applicable);
      4. iv) Specify whether the complainant elects to have a dispute decided by a single-member or a three-member panel and, in the event that the complainant elects a three-member panel the complainant shall provide the names and contact details of three candidates that may serve as members of the panel (these candidates may be selected from any provider's list of panelists approved by the National Academy of Sciences and its NIC Costa Rica unit);
      5. v) Provide the name of the respondent (the domain-name holder) and all relevant information (including any postal and e-mail addresses and telephone and telefax numbers) known by the complainant regarding how to contact the respondent or any representative of the respondent, including contact information based on pre-complaint dealings in sufficient detail to allow the provider to send the complaint as described in Paragraph 2(a);
      6. vi) Specify the domain name or names that is/are the subject of the complaint;
      7. vii) Identify the registrar or registrars with whom the domain name or names is/are registered at the time the complaint is filed;
      8. viii) Specify the trademark(s) or service mark(s) on which the complaint is based, and regarding each mark, describe goods and services, if any, with which the mark is used (the complainant may also separately describe any other goods and services with which it intends, at the time the complaint is filed, to use the mark in the future.);
      9. ix) Describe, in accordance with the Policy, the grounds on which the complaint is made, including, in particular:
        1. 1) the manner in which the domain name (s) is/are identical or confusingly similar to a trademark or service mark in which the complainant has rights; and,
        2. 2) the reasons why the respondent (the domain-name holder) shall be considered as having no rights or legitimate interests in regard to the domain-name (s) which is/are the subject of the complaint; and
        3. 3) the reasons why the domain-name (s) shall be considered as having been registered or being used in bad faith.
        4. (Regarding elements 2) and 3), the description shall discuss any applicable aspects of Paragraphs 4 (b) and 4 (c) of the Policy that are applicable. The description shall comply with any word or page limit set forth in the Provider's Supplemental Rules.);

      10. x) Specify, in accordance with the Policy, the remedies sought;
      11. xi) Identify any other legal proceeding that have been started or terminated in connection with the domain name (s) that is/are the subject of the complaint;
      12. xii) State that a copy of the complaint, including any annexes, together with the cover sheet as prescribed by the Provider's Supplemental Rules has been sent or transmitted to the respondent (the domain- name holder) in accordance with Paragraph 2(b);
      13. xiii) State that the complainant shall submit, in connection to any challenges to a decision in the administrative proceeding cancelling or transferring the domain name, to the jurisdiction of the courts of the Republic of Costa Rica;
      14. xiv) Conclude with the following statement followed by the signature (in any electronic format) of the complainant or its authorized representative:
        • "The Complainant agrees that its claims and remedies concerning the registration of the domain name, the dispute, or the dispute's resolution shall be solely against the domain-name holder and waives all such claims and remedies against (a) the dispute-resolution provider and panelists, except in case of deliberate wrongdoing; (b) the National Academy of Sciences and its NIC Costa Rica unit, the Registry Operator and currently the only registrar, as well as their directors, officers, employees, and agents.
        • The Complainant hereby certifies that the information contained in this Complaint is to the best of the Complainant's knowledge complete and accurate, that this Complaint is not being presented for any improper purpose such as to harass, and that the assertions in this Complaint are warranted under these Rules and under applicable law, as it now exists, or as it may be extended by a good-faith and reasonable argument."; and
      15. xv) Annex any documentary or any other evidence including a copy of the Policy applicable to the domain name or names in dispute and any trademark or service mark registration upon which the complaint relies, together with a schedule indexing such evidence.
    3. c) The complaint may include more than one domain name provided that the domain names are registered by the same domain-name holder.
  4. Notification of Complaint

    1. a) The provider shall review the complaint to determine if it complies with the provisions of the Policy and these Rules, and, if in compliance, the provider shall forward the complaint, including any annexes, electronically to the respondent and shall send Written Notice of the complaint (together with the explanatory cover sheet prescribed by the Provider Supplemental Rules) to the Respondent, in the manner prescribed by Paragraph 2(a), within three (3) calendar days following receipt of the fees to be paid by the complainant in accordance with Paragraph 19.
    2. b) If the provider finds that the complaint is administratively deficient, it shall immediately notify the complainant and the respondent of the nature of the deficiencies identified. The complainant shall have five (5) calendar days to correct any such deficiency after which the administrative proceeding will be deemed withdrawn without prejudice to submission of a different complaint by the complainant.
    3. c) The date of commencement of the administrative proceeding shall be the date on which the provider completes its responsibilities under Paragraph 2(a) in connection with sending the complaint to the respondent.
    4. d) The provider shall immediately notify the complainant, the respondent, the concerned registrars and the National Academy of Sciences and its NIC Costa Rica unit (as Registry Operator and currently only registrar, and when applicable, the registrar) of the date of commencement of the administrative proceeding.
  5. The Response

    1. a) Within twenty (20) days of the date of commencement of the administrative proceeding, the respondent shall submit a response to the provider.
    2. b) The response, including any annexes, shall be submitted in electronic form and shall:

      1. i) Specifically respond to the statements and allegations contained in the complaint and include any and all reasons for which the respondent (domain-name holder) should retain the registration and the use of the domain name under dispute (this portion of the response shall comply with any word or page limitation set forth in the Provider's Supplemental Rules).
      2. ii) Provide the name, postal and e-mail addresses, and telephone and telefax numbers of the respondent (domain-name holder) and of any representative authorized to act for the respondent in the administrative proceeding;
      3. iii) Specify a preferred method for the communications addressed to the respondent in the administrative proceeding (including the contact person, the medium, and address information) for each type of A) electronic-only material and B) material including hard copies (where applicable);
      4. iv) If the complainant has elected a single-member panel in the complaint (see Paragraph 3(b)(iv)) state whether the respondent chooses instead to have the dispute decided by a three-member panel;
      5. v) If the complainant or the respondent elects a three-member panel,provide the names and contact details of three candidates that may serve as members of the panel (these candidates may be selected from any provider's list of panelists approved by the National Academy of Sciences and its NIC Costa Rica unit);
      6. vi) Identify any other legal proceeding that have been started or terminated in connection with any domain name (s) that is/are the subject of the complaint;
      7. vii) State that a copy of the response, including any annexes, has been sent or transmitted in accordance with Paragraph 2(b) and
      8. viii) Conclude with the following statement followed by the signature (in any electronic format) of the respondent or its authorized representative:
        • "The Respondent certifies that the information contained in this response is to the best of the Respondent's knowledge complete and accurate, that this Response is not being submitted for any improper purpose such as to harass, and that the assertions in this Response are warranted under these Rules and under applicable law, as it now exists or as it may be extended by a good-faith and reasonable argument,."; and
      9. ix) Annex any documentary or other evidence upon which the respondent relies, together with a schedule indexing such documents.
    3. c) In the event that the complainant has chosen to have the dispute resolved by a single-member panel and the respondent chooses a three-member panel, the respondent shall be required to pay one-half of the applicable fees for a three-member panel as set forth in the Provider's Supplemental Rules. Such payment shall be made together with the submission of the response to the Provider. In the event that the required payment is not made, the dispute shall be decided by a single-member panel.
    4. d) At the request of the respondent, the provider may, in exceptional cases, extend the period of time for the submittal of the response. The period may also be extended by written stipulation between the parties, provided the Provider approves the stipulation.
    5. e) In the event that the respondent does not submit a response, in the absence of exceptional circumstances, the panel shall decide the dispute based on the complaint.
  6. Appointment of the panel and timing of decision.

    1. a) Each provider shall maintain and publish a publicly available list of panelists and their qualifications.
    2. b) If neither the complainant nor the respondent has chosen a three-member panel (Paragraphs 3(b)(iv) and 5(b)(iv)), the provider shall appoint, within five (5) calendar days following receipt of the response by the provider, or the lapse of the time period for the submission thereof, a single panelist from its list of panelists. The fees for a single-member panel shall be paid in full by the complainant
    3. c) If either the complainant or the respondent chooses to have the dispute decided by a three-member panel the provider shall appoint three panelists to be part of the Panel in accordance with the procedures stated in Paragraph 6(e). The fees for a three-member panel shall be paid in full by the complainant, except where the election of a three-member panel was made by the respondent, in which case the applicable fees shall be equally shared between the parties.
    4. d). Unless it has already elected a three-member panel, the complainant shall submit to the provider, within five (5) calendar days of communication of a response in which the respondent chooses a three-member panel the names and contact details of three candidates to serve as members of the panel. These candidates may be chosen from any list of panelists from any provider approved by the National Academy of Sciences and its NIC Costa Rica unit.
    5. e) If either the complainant or the respondent chooses a three-member panel the provider shall endeavor to appoint one member of the list of candidates provided by each of the complainant and the respondent. In the event that the provider is unable to secure the appointment of a panelist under customary terms within five (5) calendar days from either party's list of candidates the provider shall make that appointment from its list of panelists The third panelist shall be appointed by the provider from a list of five candidates submitted by the provider to the parties, and the provider shall elect one among those five candidates in a manner that reasonably balances the preferences of both parties, as the parties may specify to the provider within five (5) calendar days from the provider's submission of the five-candidate list to the parties.
    6. f) Once the entire panel is appointed, the provider shall notify the parties about the panelists appointed and the date by which, absent exceptional circumstances, the panel shall submit its decision on the dispute to the provider.
  7. Impartiality and Independence.

    Each panelist shall be impartial and independent, and, before accepting the appointment, shall have disclosed to the provider any circumstance that may give rise to justifiable doubt as to that panelist's impartiality or independence. If, at any point during the administrative proceeding, new circumstances arise that could give rise to any justifiable doubt as to that panelist's, , impartiality or independence, that panelist shall immediately disclose such circumstances to the provider. In such case, the provider shall have the right to appoint a substitute panelist.

  8. Communication between the Parties and the Panel

    No party or anyone acting on its behalf shall have any unilateral communication with the panel. All communications between one party and the panel or the provider shall be made to a case administrator appointed by the provider as set forth in the Provider's Supplemental Rules.

  9. Transmission of the File to the panel

    The provider shall transmit the file to the panel as soon as the panel is appointed in the case of a panel consisting of a single member, or as soon as the last panelist is appointed in the case of a three-member panel.

  10. General Powers of the Panel

    1. a) The panel shall conduct the administrative proceeding in such manner, as it considers appropriate in accordance with the Policy and these Rules.
    2. b) In all cases, the panel shall ensure that the parties are treated with equality and that each party is given a fair opportunity to present its case.
    3. c) The panel shall ensure that the administrative proceeding takes place with due expedition. At the request of a party or on its own motion, the panel may extend, in exceptional circumstances, a period of time set forth by these Rules or by the panel.
    4. d) The panel shall determine the admissibility, relevance, materiality and weight of the evidence.
    5. e) The panel shall decide on the request by a party to consolidate multiple domain-name disputes in accordance with the Policy and these Rules.
  11. Language of the Proceeding

    1. a) Unless otherwise agreed by the parties or specified otherwise in the Policies for the Operation of the .cr Top-Level Domain, the language of the administrative proceeding shall be the (Spanish) language of the aforementioned Policies subject to the authority of the panel to determine otherwise having regard to the circumstances of the administrative proceeding.
    2. b) The panel may request that any documents submitted in languages other than the language of the administrative proceeding be accompanied by a translation in whole or in part into the language of the administrative proceeding.
  12. Further Statements

    In addition to the complaint and the response, the panel may request, at is sole discretion, further statements or documents from either of the parties.

  13. In-person Hearings

    There shall not be in-person hearings (including hearings by teleconference, videoconference, and web conference,) unless the panel determines, in its sole discretion and as an exceptional matter, that such hearing is necessary for deciding the complaint.

  14. Default

    1. a) In the event that a party, in the absence of exceptional circumstances, does not comply with any of the time periods set forth in these Rules or by the panel, the panel shall proceed to a decision on the complaint.
    2. b) If a party, in the absence of exceptional circumstances, does not comply with any provision or requirement under these Rules or any request from the panel, the panel shall make decisions there from, as it considers appropriate.
  15. Panel Decisions

    1. a) The panel shall decide a compliant based on the statements and the documents submitted and in accordance with the Policy, these Rules and any rules and principles of law that it deems applicable.
    2. b) In the absence of exceptional circumstances, the panel shall communicate its decision on the complaint to the provider within fourteen (14) calendar days of its appointment in accordance with Paragraph 6.
    3. c) In the case of a three-member panel, the panel's decision shall be made by a majority.
    4. d) The panel's decision shall be in writing and shall provide the reasons on which such decision is based indicating the date on which it was rendered and identifying the names of the panel.
    5. e) Panel decisions and dissenting opinions shall normally comply with the guidelines as to the length set forth in the Provider's Supplemental Rules. Any dissenting opinion shall accompany the majority decision. If the panel concludes that the dispute is not within the scope of Paragraph 4(a) of the Policy, it shall so state. If after considering the documentation submitted, the panel panel concludes that the complaint was brought in bad faith, for instance, in an attempt at Reverse Domain Name Hijacking, or submitted primarily to obstruct the domain-name holders activities, the panel shall declare in its decision that the complaint was brought in bad faith and constitutes an abuse of the administering proceeding.
  16. Communication of the Decision to the Parties

    1. a) Within three (3) calendar days after receiving the decision from the panel, the provider shall communicate the full text of the decision to each party, the concerned registrars and the Academy of Sciences and its NIC Costa Rica unit (as Registry Operator and currently the only registrar, when applicable, the registrar.) The concerned registrars shall immediately communicate each of the parties, the provider and the National Academy of Sciences and its NIC Costa Rica unit (as Registry Operator) the date for the implementation of the decision in accordance with the Policy.
    2. b) Except if the panel determines otherwise (see Paragraph 4(j) of the Policy,) the provider shall publish the full decision and the date of its implementation on a publicly accessible website. In any event, the portion of any decision determining that a complaint was brought in bad faith (see Paragraph 15(e) of these Rules) shall be published.
  17. Settlement and other Grounds for Termination

    1. a) ) If, before the panel's decision, the parties agree on a settlement, the panel shall terminate the administrative proceeding;
    2. b) If, before the panel's, decision, continuing with the administrative proceeding shall become unnecessary or impossible for any reason, the panel shall terminate the administrative proceeding unless a party raises justifiable grounds for objection within a period of time set forth by the panel.
  18. Effect of Court Proceedings

    1. a) In the event that any legal proceedings start before or during an administrative proceeding regarding a domain-name dispute that is the subject of the complaint, the panel shall have the authority to decide whether to suspend or terminate the administrative proceeding or to proceed to a decision.
    2. b) In the event that a party starts any legal proceedings during the pendency of an administrative proceeding regarding a domain-name dispute that is the subject of the complaint, the party shall immediately notify the panel and the provider. See Paragraph 8.
  19. Fees

    1. a) The complainant shall pay the provider an initial fixed fee in accordance with the Provider's Supplemental Rules , within the time and in the amount required. The respondent who elects in accordance with Paragraph 5(b)(iv) to have the dispute decided by a three-member panel rather than the single-member panel elected by the complainant, shall paid the provider one- half of the corresponding fixed fee for a three-member panel See Paragraph 5(c). In all other cases, the complainant shall bear all of the provider's fees, except as prescribed in Paragraph 19(d). After the appointment of the panel, the provider shall refund the corresponding portion, if any, of the initial fee to the complainant as set forth in the Provider's Supplemental Rules..
    2. b) The provider shall not take any action regarding a complaint until it has received the initial fee from the complainant in accordance with Paragraph 19(a).
    3. c) If the provider has not received the fee within ten (10) calendar days of receiving the complaint, the complaint shall be deemed withdrawn and the administrative proceeding terminated.
    4. d) Under exceptional circumstances, for instance, in case of an in-person hearing, the provider shall request the parties the payment of any additional fees, which shall be set forth in agreement with the parties and the Panel
  20. Exclusion of Liability

    Except in the case of deliberate wrongdoing, neither the provider nor a panelist shall be liable to a party for any act or omission in connection with any administrative proceeding under these Rules.

  21. Amendments.

    The version of these Rules in force at the time of submission of the complaint to the provider shall apply to the administrative proceeding initiated thereby. These Rules may not be amended without the express written approval of the National Academy of Sciences and its NIC Costa Rica unit.

policies

- TLD.cr, operational policies
- Domain Name registration
- modify an active Domain Name
- renewal of a Domain Name
- Domain Name Suspension/Reactivation
- delete a Domain Name
- domain name transfer
- prices and payment methods
- about privacy
- current policy disputes
- limitation of Liability
- about modifications to these policies
- effective date
- cr Domain-Name Dispute Resolution Policy
- Regulations for the ".cr" Domain Name Conflict Resolution Policy


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