This Uniform Rapid Suspension System ("URS") Policy explains how the URS applies to domain names sponsored by NICENIC INTERNATIONAL GROUP CO., LIMITED ("NiceNIC") where the relevant top-level domain is subject to the URS.
The URS is an ICANN rights-protection mechanism intended for clear cases of trademark abuse involving domain names in top-level domains to which the URS applies.
The URS complements, but does not replace, the Uniform Domain Name Dispute Resolution Policy ("UDRP"), court proceedings, or any other dispute-resolution procedure that may apply to a domain name.
NiceNIC does not determine the merits of a URS complaint. URS complaints are decided by an ICANN-approved URS Provider in accordance with the then-current URS Procedure, URS Rules, provider supplemental rules, and applicable ICANN requirements.
For each domain name subject to the URS, the then-current ICANN URS Procedure, URS Rules, and applicable technical requirements are incorporated into the relevant registration agreement by reference.
Official ICANN URS information:
If this NiceNIC Policy conflicts with a mandatory provision of the then-current ICANN URS Procedure, URS Rules, applicable registry agreement, or other binding ICANN requirement, the mandatory provision controls.
The URS applies only where the relevant registry agreement, ICANN requirement, or other applicable rule makes the URS available for the domain name concerned.
The URS does not automatically apply to every country-code top-level domain ("ccTLD"). A ccTLD may instead use its own dispute-resolution policy.
Customers should review the applicable registry rules for the relevant TLD.
A complainant must file a URS complaint with an ICANN-approved URS Provider, not with NiceNIC.
The complainant is responsible for:
NiceNIC customer support and abuse channels are not substitutes for filing a URS complaint.
A trademark complaint submitted to NiceNIC does not automatically become a URS proceeding.
The list of ICANN-approved URS Providers may change.
Customers and complainants should rely on ICANN's current URS page for the official list of approved providers:
Where Registration Data is redacted from public RDDS output, NiceNIC will provide Registration Data to the URS Provider only to the extent and through the mechanism required or permitted by the then-current URS Procedure, ICANN Registration Data Policy, applicable registry requirements, and applicable law.
Submission of non-public Registration Data in a URS proceeding does not create a general right for a complainant or other third party to receive NiceNIC customer information outside the URS process.
Requests outside the URS process are handled under NiceNIC's Request for Disclosure of Nonpublic Registration Data policy.
When NiceNIC receives valid notice of a URS proceeding, NiceNIC will perform the registrar obligations assigned to it by the then-current URS Procedure and Rules.
The applicable Registry Operator is responsible for registry-level locking and other registry actions specified by the URS Procedure.
During a URS lock, changes to the registration may be restricted as required by the URS.
NiceNIC will not knowingly permit a registrant, reseller, account holder, or other person to use NiceNIC systems to evade a valid URS lock or mandatory URS restriction.
The registrant is responsible for responding directly through the URS Provider and within the period specified by the then-current URS Procedure and Rules.
NiceNIC does not prepare a registrant's defense, decide whether a response is sufficient, or provide legal representation.
Failure to respond may result in a default proceeding, but a URS Provider must still apply the URS requirements and examination standards.
The URS is intended for clear cases meeting the evidentiary standard specified in the URS Procedure.
The URS Examiner, not NiceNIC, determines whether the complainant has established the required elements.
NiceNIC does not make findings concerning trademark ownership, legitimate interests, bad-faith registration, or bad-faith use merely because a URS complaint has been filed.
If a final URS Determination requires suspension, the applicable Registry Operator will implement the suspension in accordance with the URS Procedure.
A successful URS proceeding generally results in suspension of the domain name for the applicable period rather than transfer of the domain name to the complainant.
The domain may be prevented from being transferred, deleted, or modified for the period required by the URS.
Any extension, restoration, or other post-determination action is subject to the then-current URS Procedure and Registry Operator requirements.
If the URS proceeding is determined in favor of the registrant, the applicable Registry Operator and URS Provider are responsible for the actions specified by the URS Procedure to restore or maintain the registrant's control as applicable.
Any right of appeal, de novo review, late response after default, or other URS remedy is governed by the then-current URS Procedure and Rules.
The URS does not eliminate rights that may otherwise exist to pursue a UDRP proceeding or a proceeding in a court of competent jurisdiction.
The URS and UDRP are separate dispute mechanisms.
A URS remedy is principally suspension. A UDRP proceeding may provide different remedies where the UDRP applies.
A party seeking legal relief should determine which mechanism is appropriate for its circumstances.
A URS complaint is not the same as an abuse report.
Phishing, malware, botnets, pharming, compromised domains, or other operational abuse should be reported through NiceNIC's abuse-reporting channel:
https://nicenic.com/reportabuse.php
Trademark disputes that do not involve qualifying DNS Abuse are generally handled through the applicable rights-protection mechanism, including URS, UDRP, an applicable ccTLD dispute policy, or a court where appropriate.
NiceNIC will comply with valid court orders, mandatory registry instructions, ICANN requirements, and other binding legal process applicable to a domain name.
Such obligations may operate independently from a URS proceeding.
Information provided by NiceNIC concerning the URS is for administrative and service purposes only and is not legal advice.
A party that requires advice concerning trademark rights, defenses, jurisdiction, or litigation should consult qualified legal counsel.
NiceNIC may provide translations or summaries for convenience.
The official English-language ICANN URS documents, as updated from time to time, control to the extent required by ICANN.
For a domain subject to mandatory registry-specific terms, those mandatory terms also apply.