Regulation of solution of controversies in the matter of domain names .mx

The Policy of solution of controversies in the matter of names of domain for .MX (LDRP), published in the website of Registry .MX (http://www.registry.mx/), will hereby be in force Regulation, as well as by the Additional Regulation of the supplier that administers the procedure, as it appears in his website.

I. GENERAL DISPOSITIONS

 

Definitions

Article 1

In the present Regulation it will be understood by:

Group of experts: To the group of learned people in the matter and named by a supplier to solve a request of resolution of controversy regarding domain names.

Promovente: To the part that presents a request of resolution of controversy on names of domain in accordance with the Policy of solution of controversies in the matter of names of domain for .MX (LDRP).

Jurisdiction: To the location of the main office of Registry .MX.

Applicable policy: The General Policies of the Registry .MX, Policy of solution of controversies in the matter of names of domain for .MX (LDRP), as well as principles and norms related to controversies in the matter of domain names.

Name of domain: It represents a common identifier a group of computers or equipment connected to the network. It is a form simple of designed Internet address to allow the users to locate of easy way sites in Internet. To a name of domain registered before Registry .MX.

Member of the group of experts: To the person appointed by the supplier to be member of the group of experts.

Part: To the promovente or the holder.

Applicable law: The law that is in force in the Mexican United States at the time of presentation of the request of resolution of controversy, and that is applicable to the case.

Supplier: To the supplier of services of resolution of controversies that counts on the authorization of Registry .MX to administer controversies in the matter of names of domain in top-level domain .MX.
Agreement of registry: The acceptance and knowledge of the General Policies of Registry .MX by the holder of a name of domain registered in top-level domain .MX.

To title: The holder of a domain name and against that has appeared a request of cancellation of the registry or transmission of the ownership of a name of domain in .MX.

Additional regulation: The regulation adopted by the supplier that administers a procedure that complements the present regulation. The additional regulation will be the compatible with the applicable policy or present regulation and will include questions as the limitations and directives in the matter of words and of pages, the form of communication with the supplier and the form of presentation of the covers.

Communications

Article 2

  1. When a request of resolution of controversy regarding names of domain to the holder is transmitted, it will be responsibility of the supplier to use the means reasonably found that are considered necessary to obtain that it indeed notifies the holder. This requirement will be fulfilled when:
    1. The request of resolution of controversy regarding names of domain to all the email addresses or telefacsímil is sent that appears in the data of registry of the name of domain in the data base “WHOIS? of Registry .MX corresponding to the holder of the name of registered domain, that is to say, to the Registrante and;
    2. The request of resolution of controversy regarding names of domain (including the Annexes, insofar as they are available, in electronic format) electronic a is sent by email:
      1. The email addresses for the Registrante;
      2. The account of e-mail of the administrator of the system of mail for this name of domain, usually the account “postmaster? under the domain name object of the request of resolution of controversy regarding domain names, this only in case the mentioned accounts of e-mail in the previous point, would present some problem;
    3. The shipment of the request of resolution of controversy regarding names of domain to any direction that the promovente has notified to the supplier as preferred and, insofar as it is possible, to the other directions provided by the promovente of the supplier by virtue of the article 3.B.v.
  2. Except for established in the article 2.A, any communication written to the promovente or the anticipated holder in the present Regulation will take place by the average favourites declared by the promovente or the holder, respectively (see the article 3.B.iii and 5.B.iii), or when this declaration does not exist:
    1. by means of transmission of fax or telefacsímil, with confirmation of the transmission; or
    2. ordinary or urgent, franking by email paid and receipt requested with notification; or
    3. electronically by means of Internet, as long as it is had the registry of his transmission.
  3. Any communication to the supplier or the group of experts will take place in the way and way (including the number of copies) established in the Additional Regulation of the supplier.
  4. The communications will take place in the language prescribed in the article 13.A and 13.B. When it is possible, the communications by email electronic will have to be sent in common language.
  5. Any part will be able to update the data to put itself in touch with her notifying it to the supplier and Registry .MX.
  6. Except for the anticipated thing in the present Regulation or of the resolution of a group of experts, it will be considered that the communications anticipated in the present Regulation have taken place:
    1. If fax or telefacsímil has been transmitted by means of, in the date that appears in the confirmation of the transmission; or
    2. If they have been transmitted ordinary or by email urgent, in the date marked in the defense; or
    3. If they have transmitted by means of Internet/e-mail, in the date in which the communication has been transmitted, as long as the date of transmission is verifiable.
  7. Except for the anticipated thing in the present Regulation, all the terms calculated by virtue of the present Regulation as of the moment at which it takes place a communication will begin to count as of the earliest date in than it is considered that the communication in accordance with the article has taken place 2.F.
  8. Copy of any conducted communication will be sent:
    1. By a group of experts to any part, to the supplier and the other part;
    2. By the supplier to any part, the other part; and
    3. On the one hand, to the other part, to the group of experts and the supplier, according to it is the case.
  9. It will be responsibility of that sends the communication to conserve the registry of the fact and the circumstances of the shipment, that it will have to be available for his inspection by the stakeholders and to the aims of information.
  10. In case one part that sends a communication, receives the notification from which this one has not been received, the part will notify immediately to the group of experts (or, if a group of experts has still not named, to the supplier) the circumstances of the notification. Other procedures regarding the communication and any answer will take place in accordance with the established thing by the group of experts (or the supplier).

II. BEGINNING OF THE PROCEDURE

 

Request of resolution of controversy regarding domain names.

Article 3

  1. All person or organization will be able to initiate a procedure of solution of controversies being presented a request of resolution of controversy regarding names of domain to the supplier with authorization of Registry .MX (as she is appraised in the ANNEX To of the Policy of Solution of Controversies in the matter of names of domain for .MX) in accordance with the General Policies of Registry .MX, Policy of solution of controversies in the matter of names of domain for .MX (LDRP) and the present Regulation.
  2. The request of resolution of controversy regarding domain names will appear in a printed copy and (except insofar as he is not available in the case of the Annexes) in electronic form and her will be due:
    1. To solicit that this request is put under a group of experts for its resolution in accordance with the Policy of solution of controversies in the matter of names of domain for .MX (LDRP) and the present Regulation;
    2. To provide the names, the mailing dress and of e-mail, and the phone numbers and of telefacsímil of the holder and the promovente, as well as of any representative of the promovente;
    3. To specify the preferred form to carry out the communications directed to the promovente in the Policy of solution of controversies in the matter of names of domain for .MX (including the person with that there is to put itself in touch, means and the information regarding the direction) for the material A) strictly electronic and B) material in which printed copies are included;
    4. To designate if the promovente chooses so that the Policy of solution of controversies in the matter of names of domain for .MX (LDRP) is solved by a group of experts composed of an only member or of three members and, in case the promovente decides on a group of experts composed of three members, to provide the names of three candidates that can act as members of the group of experts and the data to put themselves in touch with them (these candidates will be able to be selected from any list of experts of any supplier with authorization of Registry .MX);
    5. To provide the name of the holder of the domain name and all the information (including any mailing dress and of e-mail, as well as the phone numbers and telefacsímil) well-known by the promovente one on the way in touch to put with the holder or any representative of the holder, including the information that is based on relations previous to the request of resolution of controversy regarding names of domain that allows to make contact with the same, sufficiently detailed to allow that the supplier sends the request of resolution of controversy regarding domain names as 2.A is described in the article;
    6. To specify the name or names of domain object of the request of resolution of controversy regarding domain names;
    7. To specify the brand or brands of products or registered services, registered commercial warning, appellation of origin or reserve of rights on which the request of resolution of controversy regarding domain names is based and, with respect to each trademark, commercial warning registered, appellation of origin or reserve of rights, describing the products or services or legally had the charge of, if there are them, with which are used (the promovente also will be able to describe other products separately and services with which, at the moment in which the request of resolution of controversy regarding domain names appears, it has intention to use these denominations in the future);
    8. To describe, in accordance with the Policy of solution of controversies in the matter of names of domain for .MX (LDRP), the reasons on which the request of resolution of controversy regarding domain names is based; including in particular:
      1. The way in which the name or names of domain is identical or similar until the point to create confusion with respect to a brand of products or services registered, registered commercial warning, appellation of origin or reserve of right on which the promovente has right; and
      2. The reasons by which it would have to be considered that the holder does not have right or I interest legitimate with respect to the domain name; or domain names object of the request of resolution of controversy regarding domain names; and
      3. The reasons by which it would have to be considered that the name or names of domain has been registered or used of bad faith.
      4. (In the description they will be due to examine, as far as elements 2) and 3) any aspect of the article 4.B and 4.C of the Policy of solution of controversies in the matter of names of domain for .MX (LDRP). The description will have to satisfy any limit with words or pages established in the Additional Regulation of the supplier);
    9. To specify, in accordance with the policy, the effects that are tried to obtain;
    10. To notify any procedure that has been begun or finished in relation to the name or names of domain object of the request of resolution of controversy regarding domain names;
    11. To declare that it has been sent or transmitted the holder of the domain name, in accordance with the article 2.B, a copy of the request of resolution of controversy regarding domain names, along with the cover, as prescribes the Additional Regulation of the supplier;
    12. To declare that the promovente will be put under any effect of the resolution that takes in agreement with the Policy from solution from controversies in the matter of names from domain for .MX and applicable policy on the cancellation from the registry or transmission from the ownership from the name from domain;
    13. To conclude with the declaration indicated next, followed of the signature of the promovente or its authorized representative:
      “The promovente accepts that the request of resolution of controversy regarding domain names that raise and what it solicits in relation to the registry of the domain name only affected the holder of the domain name and exempts of the same a: a) the supplier of solution of controversies and to the members of the group of experts, except in case of deliberate infraction; b) to Registry .MX, as well as to its directors, representatives, employees and agents.
      The promovente certifies and assures that the information contained in the request of resolution of controversy regarding domain names is complete and exact, that the present request of resolution of controversy regarding domain names does not appear with any inadequate reason, as the one to create obstacles, that the carried out affirmations are based on the present regulation, as it exists at the moment or in measurement that can extend by means of a reasonable argument and of good faith?
    14. To enclose all type of tests, including a copy in the agreement of registry and the Policy of solution of controversies in the matter of names of domain for .MX (LDRP), on which the request of resolution of controversy regarding domain names is based, along with an enumeration of those documents;
    15. The request of resolution of controversy regarding domain names will be able to include more of a domain name, as long as the domain names have been registered by the same holder.
    16. The request of resolution of controversy regarding domain names will be sent to the supplier in accordance with article 2.).

Notifications conducted by the supplier after the presentation of the Request of resolution of controversy regarding domain names

Article 4

  1. The supplier will examine the request of resolution of controversy regarding domain names in order to determine if it fulfills the dispositions of the Policy of solution of controversies in the matter of names of domain for .MX (LDRP) and of the present Regulation and, if yes, will send the request of resolution of controversy regarding names of domain (along with the explanatory cover prescribed by the Additional Regulation of the supplier) to the holder, in the way prescribed by the article 2.A, within three (3) days natural from the reception of the rates that the promovente has to pay in accordance with article 22.
  2. If the supplier determines that the request of resolution of controversy regarding domain names does not fulfill the requirements indicated in this regulation, it would notify immediately to the promovente and the holder these breaches. The promovente will have five (5) days natural to correct any breach, after which the request of resolution of controversy regarding domain names will be considered distant, still with the possibility that the promovente puts under a request of resolution of controversy regarding names of different domain.
  3. The date of beginning of the procedure of the political resolution of controversy regarding domain names will be the date in which the supplier completes its responsibilities by virtue of the article 2.A in relation to the shipment of the request of resolution of controversy regarding names of domain to the holder.
  4. The supplier will notify the holder, promovente and to Registry .MX the date of beginning of the procedure of the policy.

Writing of answer

Article 5

  1. Within twenty (20) days as of the date of beginning of the procedure of the policy of resolution of controversies, the holder will put under the supplier an answer writing.
  2. The answer writing will appear in printed copy and (except insofar as he is not available in the case of the Annexes) in electronic form and him will be due:
    1. Specifically to respond to the declarations and allegations that appear in the request of resolution of controversy regarding domain names and to include all the reasons for which the holder of the domain name must conserve the registry and use of the domain name object of the controversy (this part of the answer writing will have to satisfy any limitation with words or pages established in the Additional Regulation of the supplier);
    2. To provide the name, the mailing dress and of e-mail, and the phone numbers and of telefacsímil of the holder of the name of domain, as well as of any authorized representative to act in representation of the holder in the procedure;
    3. To specify the preferred form to carry out the communications directed to the holder in the procedure (including the person with that there is to put itself in touch, means and the information regarding the direction) for each type of: Material a) strictly electronic and B) material in which printed copies are included;
    4. If the promovente has decided in the request of resolution of controversy regarding domain names on a group of experts composed of an only member (it see the article 3.B.iv), to declare if the holder chooses however so that the controversy is solved by a group of experts composed of three members;
    5. If the promovente or the holder decides on a group of experts composed of three members, to provide the names of three candidates who can act as members of the group of experts and the data to put themselves in touch with the same (these candidates they will be able to be selected from any list of experts of any supplier with the authorization of Registry .MX);
    6. To identify any procedure that has been begun or finished in relation to anyone of the domain names object of the request of resolution of controversy regarding domain names;
    7. To declare that it has been sent or transmitted to the promovente a copy of the answer writing, in accordance with the article 2.B; and
    8. To conclude with the declaration indicated next, followed of the signature of the holder or its authorized representative:
      “The holder certifies and assures that the information that appears in the present writing of answer is, to its loyal one to know and to understand, complete and exact, that the present writing of answer does not appear with any inadequate reason, as the one to create obstacles, and that the affirmations carried out in the present writing of answer are hereby guaranteed Regulation and the applicable legislation, as it exists at the moment or insofar as it can extend by means of a reasonable argument and of good faith. ?; and
    9. To enclose all type of documentary evidences on which the answer writing is based, along with an enumeration of those documents.
  3. If the promovente has chosen so that the controversy is solved by a group of experts composed of an only member and the holder decides on a group of experts composed of three members, the holder will be forced to pay half of the rate applicable to groups of experts composed of three members according to the settled down thing in the Additional Regulation of the supplier. The payment will take place along with the shipment of the writing of answer to the supplier. In case the demanded payment does not take place, a group of experts composed of an only member will solve the controversy.
  4. At the request of the holder, the supplier will be able, in exceptional cases, to extend the period of presentation of the answer writing. The period will be able to be extended by means of stipulation also written of the parts, as long as the supplier approves it.
  5. If the holder does not present an answer writing, as long as exceptional circumstances do not exist, the group of experts solves the controversy being based on the request of resolution of controversy regarding domain names.

Exemption of responsibility

Article 6

Safe in case of negligence, neither Registry .MX, nor the supplier, nor a member of a group of experts will be responsible before no part by all act or omission in relation to any procedure by virtue of the present Regulation.

Modifications

Article 7

The version of the present Regulation that is in force at the time of the presentation of the request of resolution of controversy regarding domain names will be applied to the initiated procedure that way. Any modification or update to the regulation will be published with a warning of fifteen (15) days in the page of Registry .MX http://www.registry.mx/, so that the holder shows what to his interests he agrees. Once passed the previous term the holder of the domain name will be forced under this new regulation, without it is necessary that Registry .MX realises no other type of publication or warning.

III. THE GROUP OF EXPERTS

 

Appointment of the group of experts

Article 8

The supplier will maintain and publish a list of members of the group of experts and its professional antecedents, that will be at the disposal of the public.

If the holder and the promovente have not decided on a group of experts composed of three members (article 3.B.iv and 5.B.iv), the supplier will name, within five (5) days natural from the reception of the writing of answer or once passed the period granted for its presentation, an only member of the group of experts among its list of experts. The honoraria of this group of experts composed of an only member will be paid in their totality by the promovente.

If the promovente or the holder chooses so that the controversy is solved by a group of experts composed of three members, the supplier will appoint three experts who will be member of the group of experts in accordance with the procedure settled down in the article 8.E. The honoraria of the group of experts composed of three members will be paid in their totality by the promovente, except when the holder has chosen so that the group of experts is compound of three members, in which case the applicable rates will be shared of equitable way by the parts.

Unless it has already decided on a group of experts made up of three members, the promovente will put under the supplier, within five (5) days natural from the communication of a writing of answer in which the holder decides on a group of experts made up of three members, the names of three candidates that can act as members of the group of experts, and the data that allow to make contact with the same.

In case the promovente or the holder decides on a group of experts made up of three members, the supplier will try to name a member of the group of experts from the lists of candidates provided by the promovente and the holder. In case the supplier cannot carry out the appointment of a member of the group of experts in habitual conditions from the list of candidates of anyone of the parts, it will carry out this appointment from his list of experts. The third member of the group of experts will be named by the supplier from a list of five candidates presented by the supplier to the parts, and the supplier will select one of those five candidates of way like keeps a reasonable balance between the preferences from both parts, as they will be able to indicate to the supplier within five (5) days natural from the shipment by the supplier to the parts of the list of five candidates.

Once all the members of the group of experts have named, the supplier will notify to the parts the members of the group of experts who have been appointed and the date limit in which, without exceptional circumstances exist, the group of experts will send to the supplier the resolution that has taken.

Impartiality and independence

Article 9

All member of the group of experts will be impartial and independent, and before accepting his appointment it will have communicated to the supplier and the parts all circumstance that can seed a justifiable doubt on the impartiality or the independence of this member, or will have confirmed in writing that does not exist such circumstances. If at some time from the procedure new circumstances arise that can seed a justifiable doubt on the impartiality or the independence of the member of the group of experts, that member will communicate immediately these circumstances to the supplier. In this case, the supplier will be qualified to name a member substitute of the group of experts.

Communication between the parts and the group of experts

Article 10

No part nor nobody that represents it will be able to maintain one-way communicationses with the group of experts. All the communications between a part and the group of experts or the supplier will take place to an administrator appointed by the supplier in the form prescribed in the Additional Regulation of the supplier.

IV. DEVELOPMENT OF THE PROCEDURE

 

Transmission of the file to the group of experts

Article 11

The supplier will transmit the file to the group of experts as soon as the member of the group of experts is named, in the case of a group of experts composed of a single member, or as soon as the last member of the group is named, in the case of a group of experts composed of three members.

General faculties of the group of experts

Article 12

  1. The group of experts will carry out the procedure of solution of controversies in the form that considers appropriate in accordance with the applicable Policy of solution of controversies (LDRP) and the present Regulation.
  2. In all the cases, the group of experts will make sure that the parts are dealed with equality and which to each part a right opportunity is offered to him to set out its case.
  3. The group of experts will make sure that the procedure of solution of controversies takes place with the due speed. At the request of one it starts off or by own initiative, Regulation will be able to extend in exceptional cases a term hereby determined or by the group of experts.
  4. The group of experts will determine the admissibility, relevance, relative importance and weight of the tests.
  5. The group of experts will decide on the request of a part that asks for the accumulation of multiple controversies in the matter of names of domain in accordance with the applicable Policy and the present Regulation.

Language of the procedures

Article 13

A. Unless the parts decide the opposite, the language of the procedure will be the Spanish, except for the faculty of the group of experts to take another resolution, considering the circumstances of the procedure.
B. The group of experts will be able to demand that the documents presented in languages different from the language of the procedure of solution of controversies go accompanied of a total or partial translation to the language of the procedure of solution of controversies.

Other declarations

Article 14

In addition to the request of resolution of controversy regarding names of domain and the writing of answer, the group of experts, doing use of his faculties, will be able to allow or to demand other declarations of the parts.

Views

Article 15

They will not take to end seen (including the views by videophone conference, videoconference and conference via Internet), unless the group of experts determines, making use of its exclusive faculties and exceptional way, that is necessary to take to end a view to solve the controversy.

Breach

Article 16

  1. In case a holder, without exceptional circumstances exist, does not present his writing of answer in accordance with the present Regulation, the group of experts will adopt a resolution with respect to the request of resolution of controversy regarding domain names.
  2. The group of experts also will adopt a resolution with respect to the request of resolution of controversy regarding domain names in case one starts off, without exceptional circumstances exist, does not respect some of the terms hereby established Regulation or by the group of experts.
  3. If one starts off, without exist exceptional circumstances, fails to fulfill some disposition or exigency of the present Regulation or some request of the group of experts, this last one draws the conclusions that consider appropriate.

Closing of the procedure

Article 17

When it is reasonably possible and as long as it consists to him that all the parts have had a right and equitable opportunity to set out their case, the group of experts will declare the closing of the procedure of resolution of controversies to more taking ten (10) days after the date of his appointment.

Resignation

Article 18

It will be considered that a part has resigned to its right of claim when knows or must have known that some disposition or exigency by virtue of the present Regulation has not been fulfilled, or some instruction of the group of experts, and which in spite of it comes without making with diligence a complaint with respect to this breach.

V. RESOLUTIONS

 

Applicable policy

Article 19

The group of experts will solve the request of resolution of controversy regarding names of domain in accordance with the applicable Policy, the present Regulation, as well as the norms and principles of right that considers applicable.

Form and notification of the resolutions

Article 20

  1. The resolution will be transmitted to the supplier, when it is reasonably possible, within seven (7) days from the closing of the procedure of resolution of controversies.
  2. In the resolution it will appear the date in which one has taken place, the reasons on which one has been based and will be signed in digital or written form. The group of experts will be able to consult to the supplier with respect to questions of form regarding the resolution.
  3. As soon as it is possible, once the group of experts has transmitted the resolution to the supplier, this one will communicate it to each part and the cash registers and Registry .MX so that its execution takes to end.
  4. Unless the group of experts determines the opposite, the supplier will publish the resolution in an accessible website by the public.

Retired of the request of resolution of controversy regarding names of domain by agreement between the parts or other reasons for completion

Article 21

  1. If the parts reach an agreement before the decision of the group of experts is adopted, this one last one will finish to the procedure of solution of controversies, previous joint request of the parts, will register the agreement in the form of decided decision, that it will be signed by the group of experts and the parts. The group of experts will not be forced to give the reasons for this resolution.
  2. If the continuation of the procedure unnecessary or impossible is for whatever reason not mentioned in the paragraph a) before the resolution of the group of experts is adopted, this one last one will be authorized to dictate a resolution that ends the procedure of solution of controversies, unless one divides to present just reasons (to the perspective of the group of experts) for objection within a term determined by the group of experts.

I SAW. RATES AND HONORARIA

Rates

Article 22

  1. The request of resolution of controversy regarding domain names will be subject to the payment on the part of the promovente to the supplier of a fixed administrative rate in accordance with the rates published by the supplier that is in force at the time of the presentation of the request of resolution of controversy regarding domain names (the references be seen each one of the suppliers of solution of controversies which they are in the Annex of the Policy of solution of controversies in the matter of names of domain for .MX).
  2. The rate will be composed by:
    1. The rate of the supplier, that could not be reimbursed; and
    2. A payable rate to the group of experts who could not be reimbursed after the appointment of this group.
  3. The supplier will not take measurement some with respect to the requests from resolution of controversy regarding names of domains until it has received the rate A).
  4. If the supplier has not received the administrative rate within seven (7) days from the reception of the request of resolution of controversy regarding domain names, it will send a payment reminder to the promovente.
  5. In case the supplier has still not received the payment of the administrative rate within seven (7) days from the shipment of this reminder, it will be considered that the request of resolution of controversy regarding domain names has retired.