Dispute-Resolution Policy
- effective April 27, 1998 (revised June 1, 2013)
The .FM Registry has adopted the Uniform Dispute Resolution Policy (UDRP) (www.icann.org/udrp)
for all .FM Domain Name registrations. Trademark owners can choose to
file a complaint with an authorized domain dispute resolution providers.
The UDRP Policy
explains what trademark owners have to prove in order to take a domain
name away from the current holder, as well as what domain name holders
can use to show that they should be allowed to keep the domain
registration. The UDRP Rules outline the actual process for filing a
complaint (if you are a trademark owner) and for responding to a
complaint (if you are the domain name holder). The registration of any
Domain Name(s) shall be subject to suspension, cancellation, or transfer
pursuant to any decision under the UDRP.
The Registry has authorized the following Domain Dispute Resolution
Providers that can be approached under this policy:
WIPO
- Dispute Proceedings/Decisions:
http://www.wipo.int/amc/en/domains/search/
- Dispute Policy and Procedural Rules:
http://www.wipo.int/amc/en/domains/rules/
- Guide:
http://www.wipo.int/amc/en/domains/guide/
Disputes concerning or arising out of the registration
and use of .FM domain names brought by trademark owners may be resolved
in accordance with the Uniform Domain Name Dispute Resolution Policy (UDRP)
and filed with the World Intellectual Property Organization (WIPO).
BRS 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. Registrant agrees, as a condition to submitting the dotFM
Domain Name Registration Agreement, that the Registrant shall be
bound by BRS's current Terms & Conditions.
dotFM will not participate in any way in any dispute between you
and any party other than dotFM regarding the Registration and
use of your Domain. You will not name dotFM (BRS Media Inc.) as
a party or otherwise include dotFM in any such proceeding. In
the event that dotFM is named as a party in any such proceeding,
dotFM reserves the right to raise any and all defenses deemed
appropriate, and to take any other action necessary to defend
dotFM.
DISCLAIMER. THE REGISTRANT AGREES THAT BRS MEDIA WILL NOT BE
LIABLE FOR ANY LOSS OF REGISTRATION AND USE OF REGISTRANT'S dotFM 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 BRS MEDIA HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL BRS MEDIA'S
MAXIMUM LIABILITY EXCEED FIVE HUNDRED ($500.00) DOLLARS.
These Terms & Conditions, as amended, and the current dotFM Domain Name Registration Agreement together constitute the
complete and exclusive agreement between BRS Media 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 these Terms & Conditions, as
amended from time to time. |
