Ponca City Web Solutions

 

Legal | Acceptable Use Policy (AUP) | Privacy Statement | Domain Policy

Domain Name Policy

  1.  Ponca City Web Solutions is responsible for the registration of second-level Internet domain names in the top level COM, ORG and NET domains. Ponca City Web Solutions registers these second-level domain names on a "first come, first served" basis. By registering a domain name, Ponca City Web 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.

  2.  The entity applying for a domain name ("registrant") is solely responsible for selecting its own domain name ("domain name") and maintaining it for the continued accuracy of the registration record. The registrant, by completing and submitting the Domain Name Registration Agreement ("Registration Agreement"), 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.

  3.  Ponca City Web Solutions neither acts as arbiter nor provides resolution 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.

  4.  This Policy does not limit the administrative or legal procedures Ponca City Web Solutions may use when third party conflicts arise, or when Ponca City Web Solutions is presented with information that a domain name violates the legal rights of a third party, including, but not limited to, information that the display or use of the domain name is expressly prohibited by a United States federal statute or regulation.

  5.  Modifications. The registrant acknowledges and agrees that Ponca City Web Solutions may modify or amend this Policy from time to time, and that such changes are binding upon the registrant.

  6.  Indemnity. The Registrant hereby agrees to defend, indemnify and hold harmless (i) Ponca City Web Solutions, its officers, directors, employees and agents; (ii) the United States Government("USG"), its officers and employees; (iii) the Internet Corporation for Assigned Names and Numbers ("ICANN"), its officers, directors, employees and agents; (iv) Tucows,  ("TCX")  dba opensrs in its role as registry, and its directors, officers, employees and agents acting in such Role, or such other entity as may come to act as registry, (collectively, the "Indemnified Parties"), for any claims, action, demand, liabilities, losses, costs, expenses or damages, including reasonable legal fees and expenses, arising out of, resulting from or related to the registration or use of the Domain Name. Such claims shall include, without limitation, those based upon trademark or service mark infringement, trade name infringement, dilution, tortuous 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 affect the rights of other Indemnified Parties. Ponca City Web Solutions recognizes that certain educational and governmental entities may not be able to provide complete indemnification. If the Registrant is (i) a governmental or non-profit educational entity, and (ii) not permitted by law or under its organizational documents to provide indemnification, the Registrant must notify Ponca City Web Solutions in writing and, upon receiving appropriate proof of such restriction, Ponca City Web Solutions may provide an alternative provision for such a Registrant

  7.  Revocation. The registrant agrees that Ponca City Web Solutions shall have the right in its sole discretion to revoke, suspend, transfer or otherwise modify a domain name registration upon thirty (30) calendar days prior written notice, or at such time as Ponca City Web Solutions receives a properly authenticated order from a court of competent jurisdiction, or arbitration award, requiring the revocation, suspension, transfer or modification of the domain name registration.

  8.  Dispute Initiation. Registrant agrees that while Ponca City Web Solutions can neither act as an arbiter nor provide resolution of disputes arising out of the registration and use of a domain name, Ponca City Web Solutions may be presented with information that a domain name possibly violates the trademark rights of a trademark owner. Ponca City Web Solutions may apply the procedures described in Section 9 when a third party complainant ("complainant") presents Ponca City Web Solutions with satisfactory evidence of both trademark ownership and written notice to the domain name registrant describing the legal harm the trademark owner is incurring. The documents required in support of a complainant's written request that Ponca City Web Solutions invoke Section 9, Dispute Procedures, must include:
    (a). An original, certified copy, not more than six (6) months old, of a trademark registration ("certified registration"), which is in full force and effect and is identical to a second-level domain name (i.e., not including COM, NET, and ORG) on the principal or equivalent registry of any country (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). Trademark or service mark registrations from the supplemental or equivalent registry of any country, or from individual states or provinces of a nation, will not be accepted. Trademarks incorporating a design will not be accepted; and
    (b). A copy of the written prior notice sent to the domain name registrant by the complainant, and a representation by the complainant indicating the mode of delivery of the notice (e.g., first class mail, overnight delivery) and the factual basis for believing that the domain name registrant received the notice. Notices must be sent to the mailing address of the domain name registrant as provided in InterNICs' WHOIS database. The notice to the domain name registrant must clearly state that the complainant believes the registration and use of the disputed domain name violates the trademark rights of the complainant; the notice must also clearly allege the factual and legal bases for the belief. Ponca City Web Solutions will not undertake any separate investigation of the statements in such notice.

  9. Dispute Procedures. In those instances where a third party claim is based upon and complies with Section 8 (a and b), Ponca City Web Solutions may apply the following procedures, which recognize that trademark ownership does not automatically extend to the right to register a domain name and which reflect no opinion on the part of Ponca City Web Solutions concerning the ultimate determination of the claim:
    (a). Ponca City Web Solutions shall determine the creation date of the registrant's domain name registration ("domain name creation date").
    (b). If the registrant's domain name creation date precedes the effective date of the valid and subsisting certified registration owned by the complainant, Ponca City Web Solutions will take no action on the complainant's request.
    (c). If the domain name creation date is after the effective date of the valid and subsisting certified registration owned by the complainant, then Ponca City Web Solutions shall request from the registrant proof of ownership of registrant's own registered trademark or service mark by submission of a certified registration, of the type and nature specified in Section 8(a) above. The certified registration must be owned by the registrant and the effective date must be prior to the date of any third party's notice of a dispute to the registrant. If the registrant satisfies the requirements of this Section 9 (c), Ponca City Web Solutions will take no further action on the complainant's request.
    (d). If the domain name creation date is after the effective date of the valid and subsisting certified registration owned by the complainant, and the registrant fails to provide a certified registration as specified in Section 8 (a) to Ponca City Web Solutions within thirty (30) calendar days of receipt of Ponca City Web Solutions dispute notification letter, Ponca City Web Solutions will assist the registrant with registration of a new domain name, and will allow the registrant to maintain both names simultaneously for up to ninety (90) calendar days to allow an orderly transition to the new domain name. Ponca City Web Solutions will provide such assistance to a registrant if and only if, within thirty (30) calendar days of receipt of Ponca City Web Solutions' dispute notification letter, the registrant (1) submits a Registration Agreement requesting the registration of a new domain name; and
    (2) submits an explicit written request to Ponca City Web Solutions' Business Affairs Office, including an identification of the registrant's desired new domain name and the NIC Ponca City Web Solutions in response to the new Registration Agreement. At the end of the ninety (90) calendar day period of simultaneous use, Ponca City Web 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 the registrant shall not be available for use by any party. (e). In the event the registrant fails to select one of the following options by a written response, received by Ponca City Web Solutions' Business Affairs Office within thirty (30) calendar days of receipt of Ponca City Web Solutions' dispute notification letter, Ponca City Web Solutions will place the domain name on "Hold" (wherein the domain name will not be available for use by any party) pending resolution of the dispute:
    (1). Provide the documentation required by Section 9(c) of this Policy,
    (2). Relinquish the domain name and transfer it to the complainant,
    (3). Register a new and different domain name pursuant to Section 9(d) of this Policy, or
    (4). File a civil action and provide a copy of a file-stamped complaint pursuant to Section 10 of this Policy. (f). Ponca City Web Solutions will reinstate the domain name placed in "Hold" status, or will not place it in "Hold" status,
    (i) upon receiving a properly authenticated temporary or final order by a court of competent jurisdiction, or arbitration award, stating which party to the dispute is entitled to the domain name,
    (ii) if Ponca City Web Solutions receives other satisfactory evidence from the parties of the resolution of the dispute, or(iii) the complainant requests that the domain name not be placed on "Hold. (g). A domain name registrant involved in Dispute Procedures remains subject to the terms and conditions of the Registration Agreement, including fees.

  10.  Litigation. Independent of the provisions of Section 9 of the Policy, in the event that:
    (a). The registrant files a civil action related to the registration and use of the domain name against the complainant in a court of competent jurisdiction, and provides Ponca City Web Solutions with a copy of the file-stamped complaint, Ponca City Web Solutions will maintain the status quo ante of the domain name record pending a temporary or final decision of the court. For example, if the domain name is not on "Hold," it will not be placed on "Hold;" if the domain name is already on "Hold," it will remain on "Hold." In such cases, Ponca City Web Solutions will deposit control of the domain name into the registry of the court by supplying the registrant with the registry certificate for deposit. While the domain name is in the registry of the court, Ponca City Web Solutions will not make any changes to the domain name record unless ordered by the court. The registrant also shall promptly provide copies of any and all pleadings filed in the action to Ponca City Web Solutions upon Ponca City Web Solutions request.
    (b). The complainant files a civil action related to the registration and use of the domain name against the registrant in a court of competent jurisdiction, and provides Ponca City Web Solutions with a copy of the file-stamped complaint, Ponca City Web Solutions will maintain the status quo ante of the domain name record pending a temporary or final decision of the court. For example, if the domain name is not on "Hold," it will not be placed on "Hold;" if the domain name is already on "Hold," it will remain on "Hold." Ponca City Web Solutions will deposit control of the domain name into the registry of the court by supplying the complainant with the registry certificate for deposit. While the domain name is in the registry of the court, Ponca City Web Solutions will not make any changes to the domain name record unless ordered by the court.
    (c). In both instances, under Section 10(a and b), Ponca City Web Solutions will abide by those provisions of temporary or final court orders, or arbitration awards, directing the disposition of the domain name, without being named as a party to the civil action. The civil action must include the domain name registrant as a party. If named as a party to a civil action, Ponca City Web Solutions shall not be limited to the above actions, but reserves the right to raise any and all defenses deemed appropriate, and to take any other action necessary to defend itself.
    (d). A domain name registrant involved in Litigation remains subject to the terms and conditions of the Registration Agreement, including fees.

  11.  DISCLAIMER. THE REGISTRANT AGREES THAT PONCA CITY WEB 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 PONCA CITY WEB SOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL PONCA CITY WEB SOLUTIONS MAXIMUM LIABILITY EXCEED SEVENTY ($70.00) DOLLARS PER DOMAIN NAME.

  12.  Notices. All notices between Ponca City Web Solutions and its registrants permitted or required under this Policy shall be in writing and shall be delivered by electronic mail, personal delivery, courier delivery, facsimile transmission, and/or by first class mail, and shall be deemed given upon delivery, transmission, or seven (7) calendar days after deposit in the mail, whichever occurs first. Initial notices shall be sent to the domain name registrant at the address of the domain name registrant listed in InterNICs' WHOIS database.

  13.  Non-Agency. Nothing contained in this Policy shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties.

  14.  Non-Waiver. The failure of Ponca City Web Solutions to require performance by the registrant of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by Ponca City Web Solutions of a breach of any provision hereof be taken or held to be a waiver of the provision itself.

  15.  Breach. The registrant's failure to abide by any provision under this Policy may be considered by Ponca City Web Solutions to be a material breach and Ponca City Web Solutions may provide a written notice, describing the breach, to the registrant. If, within thirty (30) calendar days of the date of such notice, the registrant fails to provide evidence, which is reasonably satisfactory to Ponca City Web Solutions, that it has not breached its obligations, then Ponca City Web 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 Ponca City Web Solutions did not act earlier in response to that, or any other, breach by the registrant.

  16.  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. Ponca City Web 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 Ponca City Web Solutions as reflected in the original provision.

  17.  Entirety. This Policy, as amended, and the current Registration Agreement together constitute the complete and exclusive agreement between Ponca City Web Solutions and the registrant, and supersede and govern all prior proposals, agreements, or other communications. The registrant agrees that registration of a domain name constitutes an agreement to be bound by this Policy, as amended from time to time.