Form fil
Asian Domain Name Dispute Resolution Centre
(Beijing Office)
Request for Enforcement in Accordance with the
ICANN Registrar Transfer Dispute Resolution Policy
This form shall be used to apply to Asian Domain Name Dispute Resolution Centre (ADNDRC) pursuant to the ICANN Registrar Transfer Dispute Resolution Policy, approved by the Internet Corporation for Assigned Names and Numbers (ICANN) on 12 July, 2004 (the Policy) and the ADNDRC Supplemental Rules for ICANN Registrar Transfer Dispute Resolution (the Supplemental Rules).
(Note: In case any section of the form is not applicable, please put in N/A”.)
Choice of ADNDRC Office to Administer the Proceedings
The Filing Registrar hereby chooses the Beijing Office of the ADNDRC to administer the proceedings referred to in this Request for Enforcement.
1Domain Name(s) that is/are the Subject of the Request for Enforcement:(Names to be listed in full) (If there is insufficient space, please provide details on a separate A4 sheet in the same format.)
1. ______4. ______7. ______
2. ______5. ______8. ______
3. ______6. ______9. ______
10. ______11. ______12. ______
13. ______14. ______15. ______
16. ______17. ______18. ______
19. ______20. ______21. ______
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2Preferred Method of Communications by the Filing Registrar: (Please indicate by ticking the box provided.)
Email
Mail
Facsimile
Preferred Method of Communications
by the Respondent: (Please indicate by ticking the box provided.)
Email
Mail
Facsimile
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3Details Of Parties:
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THE FILING REGISTRAR:
Name ______
Address ______
______
______
Tel No ______
Fax No ______
Email ______
Legal Status ______
Place of Incorporation ______
Principal Place of Business ______
______
______
Authorized Representative (if any):
Name ______
Address ______
______
______
Tel No ______
Fax No______
Email ______
RESPONDENT:
Name ______
Address ______
______
______
Tel No ______
Fax No ______
Email ______
Legal Status ______
Place of Incorporation ______
Principal Place of Business ______
______
______
Authorized Representative (if any):
Name ______
Address ______
______
______
Tel No ______
Fax No______
Email ______
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4Indicate Whether There Are Legal Proceedings That Have Been Commenced Or Terminated In Connection With Or Relating To Any Of The Domain Name(s) That Are The Subject Of The Request for Enforcement:(Please attach any supporting documentation.)
______
______
______
______
______
5Request for Enforcement: (Please specify the incident(s) that gave rise to the dispute.)
______
______
______
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6Summarize Briefly, In Accordance With The Policy, The Factual And Legal Grounds On Which The Request for Enforcement Is Made: (Word limit shall be 3,000 words maximum.)
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7Remedies Sought:
______
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______
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______
8 The Filing Registrar Elects To Have The Request for Enforcement Decided By One / Three* PANELIST(s): (* delete as appropriate)
9If there are Three Proposed Panelist(s), please list them below in prefernece together with their contact details:
1.
2.
3.
10Has A Copy Of This Request for Enforcement Together With “The Request for Enforcement Transmittal Cover Sheet” Been Sent Or Transmitted To The Respondent(s)? (Please attach documentary verification of service) Yes / No * (* delete as appropriate)
11Other Relevant Details:
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12Additional Information
(i)The Request for Enforcement shall annex the following documentary evidence, together with a schedule indexing such evidence:
(1) For the Gaining Registrar:
a. Completed Form of Authorization ("FOA")
b. Copy of the Whois output for the date transfer was initiated, which was used to identify the authorized Transfer Contacts
c. Copy of evidence of identity used
d. Copy of a bilateral agreement, final determination of a dispute resolution body or court order in cases when the Registrant of Record is being changed simultaneously with a Registrar Transfer
e. Copies of all communications made to the Registrar of Record with regard to the applicable transfer request along with any responses from the Registrar of Record
(2) For the Registrar of Record:
a. Completed FOA from Registrar of Record if applicable
b. Copy of the Whois output for the date the transfer was initiated
c. Relevant history of Whois modifications made to the applicable registration
d. Evidence of one of the following if a transfer was denied:
- fraud;
- UDRP action;
- court order;
- Registrant or administrative contact identity dispute in accordance with Section 4 [Registrar of Record Requirements]
- applicable payment dispute along with evidence that the registration was put on HOLD status;
- express written objection from the Registered Name Holder or Administrative Contact;
- LOCK status along with proof of a reasonable means for the registrant to remove LOCK status as per Section __of Exhibit __ to this Agreement;
- domain name within 60 days of initial registration; or
- domain name within 60 days of a prior transfer.
e. Copies of all communications made to the Gaining Registrar with regard to the applicable transfer request along with any responses from the Gaining Registrar.
(ii)The Request for Enforcement may relate to more than one domain name, provided that the domain name involve the same Filing Registrar and Respondent and the claims arise out of the same or similar factual circumstances.
(iii)This Request for Enforcement shall be submitted in hard copy (refer to Article 3(2) of the Supplemental Rules) and in electronic form to the Beijing Office of ADNDRC:
6/F, CCOIC Building,
No.2 Huapichang Hutong,
Xicheng District,
Beijing, 10035, P.R. China
Tel: (86-10) 6464 6688
Fax: (86-10) 6464 3500 / 6464 3520
Email:
(iv)Enclose appropriate fees in accordance with Article 14 of the Supplemental Rules.
(v)The following documents should be consulted in connection with preparing this Request for Enforcement:
- ICANN Registrar Transfer Dispute Resolution Policy (“the Policy”);
- ADNDRC Supplemental Rules for ICANN Registrar Transfer Dispute Resolution Policy (“the Supplemental Rules”)
(vi)Any communication by a party shall be copied to the other party and the ADNDRC’sBeijing Office.
13Certificate
"______<Name of Filing Registrar> 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 Respondent and waives all such claims and remedies against the Registry Operator as well as its directors, officers, employees, and agents, except in the case of deliberate wrongdoing or gross negligence."
"______<Name of Filing Registrar>certifies that the information contained in this Request for Enforcement is to the best of Filing Registrar's knowledge complete and accurate, that this Request for Enforcement is not being presented for any improper purpose, such as to harass, and that the assertions in this Request for Enforcement are warranted under this Policy and under applicable law, as it now exists or as it may be extended by a good-faith and reasonable argument."
Signature: ______Date: ______
Name and Capacity (in print): ______
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