The requirements for the initiation and the LDRP procedure policy, as for the selection of an administrative group of experts, which are set out in the Rules of procedure for resolving disputes concerning the abusive registration of. The petitioner shall select the provider from among those authorized by the Registry. MX, transmitting the promoter the dispute resolution of domain names directly to the supplier.
The owner may not transfer the ownership of the domain name during a procedure for resolving disputes concerning. MX reserves the right to cancel any transfer of ownership of a domain name that infringes the provisions of this paragraph.
All taxes and fees in connection with any dispute before an administrative group of experts should be paid as established by each supplier. The effects available to the petitioner pursuant to any procedure before an administrative group of experts should be limited to:. The owner of a. MX domain name, and the promoter agree to abide the decisions of any group of experts, expressly indicated in the Registry.
MX as service provider of. MX domain name dispute resolution, and implementation that makes the Registry. MX by the decision dictated by the group of experts. The owner and the promoter accept and know that the Registry. MX does not participate nor will participate in the administration or conduct of any procedure before a group of experts.
In addition, the owner and the petitioner agree and know that the Registry. MX is not responsible for any decision rendered by the administrative panel if not acting in according with their authority, or consequences of their application.
The provider will notify in spanish language to the Registry. MX any resolution adopted by a group of experts for a domain name. All the decisions adopted under this policy applicable to disputes, will be posted on the Registry. The petitioner should immediately notify postal address of the Registry. MX and to the email: legal nic. MX of any process, initiated in regards a.
MX domain name. It is the intention of the Registry. MX to select other dispute resolution service providers in the future.
The dispute resolution policy for. Group of experts: To the group of people learned in the field and appointed by a provider to resolve a dispute resolution request on domain names. Petitioner: To the party filing a request for the resolution of a domain name dispute in accordance with the dispute resolution policy for.
Applicable policy: The General Policies of the Registry. MX, Dispute Resolution Policy for. MX Domain Names, as well as principles and norms related to domain names disputes. Domain Name: Represents a common identifier to a group of computers or devices connected to the network.
It is a simple Internet address designed to allow users to easily locate Websites. A domain name registered before the Registry. Member of the group of experts: To the person appointed by the provider to join the group of experts.
Applicable Law: The law that is in force in the United Mexican States at the time of filing the request for a dispute resolution, and which results applicable to the case. Provider: A dispute resolution service provider that has the authorization of the Registry. MX to administrate disputes concerning top level.
MX domain names. MX by the holder of a domain name registered in the top level domain. Holder: The owner of a domain name and against whom an application for cancellation of registration or transfer of ownership of a. Supplemental Rules: The rules adopted by the provider administering a procedure that supplement these regulations.
The additional rules will be compatible with the applicable policy or this regulation, and will cover issues such as the limitations and guidelines in the field of words and pages, the form of communication with the provider and the presentation of the covers. When electronically forwarding a request for a dispute resolution relative to domain names to the holder, it will be responsibility of the provider to employ reasonably means they deem necessary to accomplish that the holder receives the notification.
This requirement is fulfilled when:. Subject to the provisions of Article 2. A, any written communication to the petitioner or owner under this Regulation should be effected electronically via Internet.
Any communication to the supplier or the group of experts will be made in the way and manner stated in the Provider's Supplemental Rules. The communications should be made in the language prescribed in Article A and When possible, email communications should be sent in plain language.
Any party may update their contact data, notifying it to the supplier and the Registry. Subject to the forecasted in this Regulation or the resolution of a group of experts, it would be deemed to have made the communications stated under this Regulation:. Subject to the forecasted in this Regulation, all the time calculated under this Regulation from the time when a communication is made, it should commence from the earliest date that it was deemed to have been effected the communication under Article 2.
It will be sent a copy of any communication made:. It will be the responsibility of the sender to retain the registration of the communication of the fact as well as the circumstances of the shipment, which must be available for inspection by the interested parties and for reporting purposes.
In the event that the party that sends the communication, receives notification that it has not been received, the party would immediately notify the group of experts or, if it has not been appointed a group of experts, to the supplier under the circumstances of the notification. Other procedures relative to the communication and any response will be made in accordance with the established by the group of experts or the supplier.
Any person or entity may initiate a dispute resolution by filing a dispute resolution request relative to domain names to the supplier with authorization of the Registry. MX domain names in accordance with the General Policies of the Registry. The dispute resolution relative to domain names will be submitted electronically, and in it, it should:. MX, as well as their directos, representatives, employees and agents. The petitioner certifies and assures that the information contained in the dispute resolution request relative to domain names is complete and accurate, that this dispute resolution request relative to domain names is not being presented for any improper purpose, such as to harass, that the assertions are based on these rules, as it now exists or as it may be extended by a reasonable argument in good faith" Attach any evidence, included a copy of the registration agreement and the dispute resolution policy for.
MX domain names LDRP , on which the dispute resolution request relative to domain names is based on, along with a list of those documents; The Dispute resolution request relative to domain names may compromise more than one domain name, as long as that the domain names were registered by the same holder.
The Dispute resolution request relative to domain names will be sent to the supplier in accordance with Article 2. Notifications made by the supplier after the submission of the Dispute resolution request relative to domain names.
The provider should review the dispute resolution request relative to domain names in order to determine if it complies with the provisions of the dispute resolution policy for. MX domain names LDRP and this Regulation, and if so, he would forward the dispute resolution request relative to domain names along with the explanatory cover prescribed by the Provider's Supplemental Rules electronically to the holder, in the manner prescribed by Article 2.
A , within a three 3 calendar days period from the reception of the fees which the petitioner must pay in accordance with Article If the provider determines that the dispute resolution request relative to domain names does not meet the requirements set forth in these regulations, it should immediately notify the petitioner and the holder of such defaults. The petitioner should have five 5 calendar days to correct any default, after which the application is deemed to withdrawn the dispute resolution request relative to domain names, without prejudice to the petitioner to submit a different dispute resolution request relative to domain names.
The date that the dispute resolution request relative to domain names started, will be the date in which the provider completes its responsibilities under virtue of article 2. A in relation with sending the dispute resolution request relative to domain names to the holder.
The provider will notify the holder, the petitioner and the Registry. MX, the date when the procedure started. Within twenty 20 days from the date of initiation of the dispute resolution policy procedure, the holder should submit to the provider a written response. The written response will be submitted in electronic form and it should:.
If the petitioner has chosen to have the dispute be decided by a group of experts consisting of a single member and the holder chooses a group of experts of three members, the holder must pay half of the fee for the group of experts consisting in three members as defined in the Provider's Supplemental Rules.
Payment will be made with the shipment of the written response to the provider. In case, that the required payment is not made, the group of experts composed by one single member, would decide the dispute.
On request of the holder, the provider may, in exceptional cases, extend the period for filing the written response. The period may also be extended by written stipulation of the parties, as long as the provider approves it.
If the holder does not present a written response, as long as no exceptional circumstances exist, the group of experts will resolve the dispute based on the dispute resolution request relative to domain names. Except in case of negligence, neither the Registry. MX, neither the provider, nor a member of the group of experts should be liable before any party for all acts or omission in connection with any procedure under this Regulation.
The version of this regulation which is in effect at the time of filing the dispute resolution request relative to domain names will apply to the procedure initiated in that way. Any changes or updates to the regulations will be published with a notice of fifteen 15 days at the Registry.
Once the respite lapsed the previous holder will be obliged under this new regulation, without requiring that the Registry. The provider should maintain and publish a list of members of the group of experts and their profesional qualifications, which will be available to the public.
If the holder and the petitioner have not chosen a group of experts consisting of three members Article 3. The fees for this group of experts composed by only one member should be paid in full by the petitioner. If the petitioner or the holder opts for the dispute to be resolved by a group of experts composed of three members, the provider will appoint three experts to serve on the expert group in accordance with the procedure established in Article 8.
The fees of the expert group composed by three members will be paid in full by the petitioner, except when the holder has opted for the expert group to be composed of three members, in which case the applicable fees will be shared equally by the parties. Unless it has already been chosen a group of experts composed by three members, the petitioner will submit to the provider, within five 5 calendar days from the communication of a written response that the holder opts for a group of experts composed by three members that could serve as members of the group of experts, and the data in order to establish contact with them.
In case that the petitioner or the holder opts for a group of experts composed by three members, the provider will seek to appoint a member of the group of experts from the lists of candidates provided by the petitioner and the holder.
If the provider is unable to make the appointment of a member of the group of experts under normal conditions from the list of candidates of either party, he would make the appointment from his list of experts. The third member of the group of experts will be appointed by the provider from a list of five candidates submitted by the provider to the parties, and the provider will select one of the five candidates so as to keep a balance between the preferences of both parties, as it may indicate to the provider within five 5 calendar days from the issuance by the provider to the parties of the list of five candidates.
Once it has been appointed all the members of the expert group, the provider will notify to the parties the members of the expert group which were appointed and the date by which, without existing any exceptional circumstances, the group of experts will send to the provider the decision taken.
Every member of the group of experts will be impartial and independent, and before accepting the appointment would have disclosed to the provider and the parties any circumstance which might give rise to justifiable doubt about the impartiality or the independence of each member, or would have confirmed in writing that there are no such circumstances.
If at any point in the procedure new circumstances arise that might give rise to justifiable doubt it will promptly disclose such circumstances to the provider. In this case, the provider will be entitled to appoint a substitute member of the group of experts.
No party or anyone acting on its behalf may have any unilateral communication with the group of experts. All communications between a party and the group of experts or the provider will be made to an administrator appointed by the provider in the manner prescribed in the Provider's Supplemental Rules.
The provider will send the record to the group of experts as when appointed as a member of the group of experts, in the case that a group of experts composed by a single member, or be appointed as the last member of the group, in the case of a group of experts composed by three members.
The group of experts will carry out the dispute resolution procedure in the manner it deems appropiate under the Applicable policy of dispute resolution LDRP and this Regulation. In all cases, the group of experts will ensure that the parties are treated equally and that each party is given a fair opportunity to present its case. The group of experts will ensure that the dispute resolution procedure is carried out with due diligence.
At the request of a party or in its own initiative, it could extend in exceptional cases a fixed period by these Rules or by the group of experts. The group of experts will determine the admissibility, relevance, materiality and weight of the evidence. The group of experts will decide upon the request of a party seeking to consolidate multiple disputes concerning domain names in accordance with the Applicable policy and these Rules.
Unless the parties decide otherwise, the language of the procedure will be in Spanish, subject to the authority of the group of experts to determine otherwise, having regard on the circumstances of the case.
The group of experts may require that the documents submitted in languages other than the language of the dispute resolution procedure go accompanied by a translation in whole or in part in the language of the dispute resolution procedure. In addition to the dispute resolution request relative to domain names and the written response, the group of experts, using their faculties, may allow or require further statements from the parties. There will no be hearings including hearings by teleconference, videoconference and web conference , unless the group of experts determines, using its exclusive faculties and in an exceptional manner, it is necessary to conduct a hearing in order to resolve the dispute.
In case that a holder, without existing any exceptional circumstances, does not present its written response in accordance with this Regulation, the group of experts will adopt a resolution regarding the dispute resolution request relative to domain names.
The group of experts will also adopt a resolution regarding the dispute resolution request relative to domain names in case that a party, with no exceptional circumstances, does not respect any of the deadlines established by this Regulation or the group of experts.
If a party, with no exceptional circumstances, violates any provision or requirement under these Rules or any request from the group of experts, the latter will draw the inferences it deems appropriate. When reasonably possible and as long as it is satisfiable for all the parties to have had a fair and equal opportunity to present its case, the group of experts will declare the closure of the dispute resolution procedure no later than then 10 days after the date of his appointment.
It will be estimated that a party has waived its right to claim when he knows or should have known that he has not complied with any provision or requirement under this Regulation, or any instruction of the group of experts, and that in spite of this proceeds with diligence a claim in respect of such failure. The group of experts will resolve the dispute resolution request relative to domain names in accordance with the applicable policy, this Regulation, as well as the rules and the law principles which deems applicable.
The resolution will be forwarded to the provider, when reasonably possible, within seven 7 days from the closure of the dispute resolution procedure. In the resolution it will specify the date in which it took effect, the reasons on which it relied on and it will be signed digitally or in writting. The group of experts may consult the provider on issues relating the resolution.
As soon as possible, once the group of experts has forwarded the resolution to the provider, this will communicate it to each party and the Registrars and the Registry.
MX for carrying out its execution. Unless the group of experts determine otherwise, the provider will publish the resolution in a website accessible by the public. If the parties reach an agreement before adopting the decision of the group of experts, the latter will terminate the dispute resolution procedure, after joint request of the parties, will inscribe the agreement in form of the agreed decision, which will be signed by the group of experts and by the parties.
The group of experts will not be obliged to give the reasons for the resolution. If the continuance of the procedure is unnecessary or impossible for any reason not mentioned in paragraph a before adopting the resolution of the group of experts, the latter will be empowered to dictate a resolution that could terminate the dispute resolution procedure, unless a party raises justifiable grounds to the perspective of the group of experts for objection within a period specified by the group of experts.
The dispute resolution request relative to domain names will be subject to a payment by the petitioner's behalf to the provider of a fixed administrative charge in accordance with the rates published by the provider that is in force at the time of filing the dispute resolution request relative to domain names see references of each of the dispute resolution providers that are listed in Annex A of the Dispute resolution policy for. The provider will not take any action in respect of the dispute resolution requests relative to domain names until he has received the rate A.
If the provider has not received the administrative fee within seven 7 days from the receipt of the dispute resolution request relative to domain names , he would send a payment reminder to the petitioner. In case that the provider has not yet received the payment of the administrative fee within seven 7 days from the issuance of such reminder, it will be deemed to withdrawn the dispute resolution request relative to domain names.
The English version of this document has no legal value, it is provided solely as a means to facilitate the reading and understanding of the Spanish version, it is not a substitute to the legal validity of the Spanish version. In case of any controversy, the text in the Spanish version shall in all cases apply.
The privacy of your personal data is of great importance for Network Information Center, S. Key of a domain name necessary for a transfer process. MX Domain Names. The terms defined in this section may be used in these Policies both in singular as plural. General Provisions. Basic Domain Names Operations.
In the Registry. The following describes each of the basic operations of the Domain Name:. The modifications that can be done to the Domain Name are: Registrant Change. Statuses that can be changed by the Registrar. Authorization Information.
Modification on the Contact's information and the Registrant's. Under no circumstances the Domain Name can be changed. Suspension and Deletion of the Domain Name by the Registry. Upon an authority request The Registry.
MX needs to establish communication with the Registrar related to a Domain Name, and this does not respond to the communications from the Registry. MX within the required period of time. Dispute and Complaint of a Domain Name. This will be carried out when a person considers that it bears the ownership of a Domain Name and has evidence of such, as long as it is not related to intellectual property themes. The ownership disputes should be carried out with the Registrar that manages the Domain Name.
By carrying out this procedure, the Registrar will keep blocked the Domain Name so that it cannot be modified or transferred, during the procedure duration. Intellectual Property Dispute.
For the resolution of any dispute derived of any violation to intellectual property rights trademark of products or services, advertisements registered, designations of origin, reservation of rights will be applied the Dispute Resolution Policy for. The designated providers for resolution of this type of dispute are on the Registry.
The Registry, the Registrar, the Registrant and the Contacts of the disputed Domain Names should abide the decision of the panel that resolves the dispute. Annex A - Domain Names Classifications. Reserved for: Internet Services Provider; Provider of value-added services; Provider of wireless network services; Provider of services of data transmission; Provider of special telecommunications services NOTE: Any other organization not included in the previous list may not be registered under this category.
Copy of the registration of the Federal Telecommunications Institute Federal Communications Comission as a provider of services mentioned above.
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