Policy

FUNDY HOSTING TRADEMARK AND/OR COPYRIGHT INFRINGEMENT POLICY
RESPECTING INTELLECTUAL PROPERTY Fundy Hosting Online ("Fundy Hosting") supports the protection of intellectual property. Whether you are the holder of a trademark, service mark, or copyright, Fundy Hosting is committed to helping you protect your legal rights. Therefore, we have established the following policies for considering trademark and/or copyright infringement claims. Domain Name Dispute Claims Please refer to the Uniform Domain Name Dispute Resolution Policy (the "UDRP") if you have a concern or dispute concerning a registered domain name. The UDRP covers domain names disputes; this policy specifically excludes domain name disputes. Copyright and Trademark Claims 1. To notify Fundy Hosting that there has been a copyright or trademark violation, please follow the specific instructions in (A) for filing a trademark claim, or (B) filing a copyright complaint. 2. If you are responding to a complaint of infringement, you will need to follow our Counter Notification policy in (C). A. Trademark Claims 1. If you (the "Complaining Party") would like to submit a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark (registered with the United States Patent and Trademark Office or, for foreign marks, registered with the appropriate intellectual property organization of your country; state registrations are not considered valid for these purposes), Fundy Hosting requests that the Complaining Party substantiate such claim by either: (i) filling out the form available here, or (ii) providing the following information via email to This email address is being protected from spambots. You need JavaScript enabled to view it.. The words "Trademark Claim" should appear in the subject line. To be considered effective, a notification of a claimed trademark violation must include the following information: The trademark, service mark, trade dress, name, or other indicia of origin ("mark") that is claimed to be infringed, including registration number. The jurisdiction or geographical area to which the mark applies. The name, post office address and telephone number of the owner of the mark identified above. The goods and/or services covered by or offered under the mark identified above. The date of first use of the mark identified above. The date of first use in interstate commerce of the mark identified above. A description of the manner in which the Complaining Party believes its mark is being infringed upon. Sufficient evidence that the owner of the website that is claimed to be infringing is a Fundy Hosting customer. The precise location of the infringing mark, including electronic mail address, etc. A good faith certification, signed under penalty of perjury, stating: The content of the website [identify website] infringes the rights of another party, The name of such said party, The mark [identify mark] being infringed, and That use of the content of the website claimed to be infringing at issue is not defensible. 2. Upon receipt of the appropriate information identified in Section 1 above, for trademark claims, Fundy Hosting will initiate an investigation. While Fundy Hosting is investigating the claim, Fundy Hosting, at its sole discretion and without any legal obligation to do so, may notify the posting party it will lock down the posting party's domain name(s), redirect the posting party's DNS, forward the Complaining Party’s written notification to the posting party,and/or if it is solely stored on a Fundy Hosting server, temporarily remove or deny access to the challenged material. 3. If Fundy Hosting concludes that the Complaining Party has raised a legitimate trademark claim, it may, at its sole discretion and without any legal obligation to do so, continue to suspend the posting party's Fundy Hosting account and/or if it is solely stored on a Fundy Hosting server, deny access to the challenged material. If Fundy Hosting concludes that the Complaining Party has not raised a legitimate claim or if it is not clear whether the Complaining Party has raised a legitimate claim, Fundy Hosting will restore access to the challenged material. 4. The Complaining Party should understand that Fundy Hosting, an ICANN accredited registrar, and its customers are bound by the UDRP. Nothing in this Policy should be construed to supersede the UDRP, nor the obligation of Fundy Hosting and its customers to abide by it in the context of domain name disputes. B. Copyright Claims 1. If the Complaining Party would like to submit a copyright claim for material on which you hold a bona fide copyright, Fundy Hosting requests that the Complaining Party substantiate such claim by providing Fundy Hosting with the following information via email to This email address is being protected from spambots. You need JavaScript enabled to view it.. The words "Copyright Claim" should appear in the subject line. A copyright claim can also be submitted by mail to: Copyright Agent, Fundy Hosting, 14455 N. Hayden Road, Suite 219, Scottsdale, AZ 85260 To be considered effective, a notification of a claimed copyright infringement must be provided to Fundy Hosting and must include the following information: An electronic signature of the copyright owner, or a person authorized to act on behalf of the owner, of an exclusive copyright that has allegedly been infringed. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works on that site. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Fundy Hosting to locate the material. Information reasonably sufficient to permit Fundy Hosting to contact the Complaining Party, such as an address, telephone number, and, if available, an electronic mail address at which the Complaining Party may be contacted. A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is the owner, or is authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed. 2. For Copyright Claims, upon receipt of appropriate notification from the Complaining Party, pursuant to Section 1 of Copyright Claims above, Fundy Hosting will remove or disable access to the material that is claimed to be infringing. 3. If the Complaining Party provides Fundy Hosting with appropriate notification, pursuant to Section 1 of Copyright Claims above, including information reasonably sufficient to permit Fundy Hosting to locate and remove or disable the material in question, or includes information concerning repeat infringement, then Fundy Hosting will forward the Complaining Party's written notification to such alleged Infringer and shall take reasonable steps promptly to notify the Infringer that it has removed or disabled access to the material. C. Counter Notification Policy 1. Counter Notification. If you have received a notice of copyright or trademark infringement, you may provide Counter Notification by emailing This email address is being protected from spambots. You need JavaScript enabled to view it. or This email address is being protected from spambots. You need JavaScript enabled to view it. and including the following: An electronic signature of the Infringer. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled. A statement under penalty of perjury that the Infringer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled. The Infringer's name, address, and telephone number, and a statement that the Infringer consents to the jurisdiction of the Federal District Court for the judicial district of Arizona, or if the Infringer's address is outside of the United States, for any judicial district in which Fundy Hosting may be found, and that the Infringer will accept service of process from the Complaining Party or an agent of such Party. 2. Upon receipt of a Counter Notification as described in Section 1 above, Fundy Hosting shall promptly provide the Complaining Party with a copy of the Counter Notification, and inform such Party that it will replace the removed material or cease disabling access to it in ten (10) business days. Fundy Hosting will replace the removed material and cease disabling access to it in not less than ten (10), nor more than fourteen (14), business days following receipt of the Counter Notification, unless Fundy Hosting first receives notice from the Complaining Party that such Complaining Party has filed an action seeking a court order to restrain the Infringer from engaging in infringing activity relating to the material on Fundy Hosting's system or network. D. Repeat Infringers It is Fundy Hosting's policy to provide for the termination, in appropriate circumstances, of Fundy Hosting customers and account holders who repeatedly violate this policy or are repeat infringers of copyrighted works, trademarks or any other intellectual property.
Revised: 1/5/2012 Copyright © 2003-2012 All Rights Reserved.

FUNDY HOSTING
TRADEMARK AND/OR COPYRIGHT INFRINGEMENT POLICY

RESPECTING INTELLECTUAL PROPERTY

Fundy Hosting Online ("Fundy Hosting") supports the protection of intellectual property. Whether you are the holder of a trademark, service mark, or copyright, Fundy Hosting is committed to helping you protect your legal rights. Therefore, we have established the following policies for considering trademark and/or copyright infringement claims.

Domain Name Dispute Claims

Please refer to the Uniform Domain Name Dispute Resolution Policy (the "UDRP") if you have a concern or dispute concerning a registered domain name. The UDRP covers domain names disputes; this policy specifically excludes domain name disputes.

Copyright and Trademark Claims

1. To notify Fundy Hosting that there has been a copyright or trademark violation, please follow the specific instructions in (A) for filing a trademark claim, or (B) filing a copyright complaint.

2. If you are responding to a complaint of infringement, you will need to follow our Counter Notification policy in (C).

A. Trademark Claims

1. If you (the "Complaining Party") would like to submit a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark (registered with the United States Patent and Trademark Office or, for foreign marks, registered with the appropriate intellectual property organization of your country; state registrations are not considered valid for these purposes), Fundy Hosting requests that the Complaining Party substantiate such claim by either: (i) filling out the form available here, or (ii) providing the following information via email to This email address is being protected from spambots. You need JavaScript enabled to view it.. The words "Trademark Claim" should appear in the subject line.

To be considered effective, a notification of a claimed trademark violation must include the following information:

The trademark, service mark, trade dress, name, or other indicia of origin ("mark") that is claimed to be infringed, including registration number.
The jurisdiction or geographical area to which the mark applies.
The name, post office address and telephone number of the owner of the mark identified above.
The goods and/or services covered by or offered under the mark identified above.
The date of first use of the mark identified above.
The date of first use in interstate commerce of the mark identified above.
A description of the manner in which the Complaining Party believes its mark is being infringed upon.
Sufficient evidence that the owner of the website that is claimed to be infringing is a Fundy Hosting customer.
The precise location of the infringing mark, including electronic mail address, etc.
A good faith certification, signed under penalty of perjury, stating:
1. The content of the website [identify website] infringes the rights of another party,
2. The name of such said party,
3. The mark [identify mark] being infringed, and
4. That use of the content of the website claimed to be infringing at issue is not defensible.

2. Upon receipt of the appropriate information identified in Section 1 above, for trademark claims, Fundy Hosting will initiate an investigation. While Fundy Hosting is investigating the claim, Fundy Hosting, at its sole discretion and without any legal obligation to do so, may notify the posting party it will lock down the posting party's domain name(s), redirect the posting party's DNS, forward the Complaining Party’s written notification to the posting party,and/or if it is solely stored on a Fundy Hosting server, temporarily remove or deny access to the challenged material.

3. If Fundy Hosting concludes that the Complaining Party has raised a legitimate trademark claim, it may, at its sole discretion and without any legal obligation to do so, continue to suspend the posting party's Fundy Hosting account and/or if it is solely stored on a Fundy Hosting server, deny access to the challenged material. If Fundy Hosting concludes that the Complaining Party has not raised a legitimate claim or if it is not clear whether the Complaining Party has raised a legitimate claim, Fundy Hosting will restore access to the challenged material.

4. The Complaining Party should understand that Fundy Hosting, an ICANN accredited registrar, and its customers are bound by the UDRP. Nothing in this Policy should be construed to supersede the UDRP, nor the obligation of Fundy Hosting and its customers to abide by it in the context of domain name disputes.

B. Copyright Claims

1. If the Complaining Party would like to submit a copyright claim for material on which you hold a bona fide copyright, Fundy Hosting requests that the Complaining Party substantiate such claim by providing Fundy Hosting with the following information via email to This email address is being protected from spambots. You need JavaScript enabled to view it.. The words "Copyright Claim" should appear in the subject line. A copyright claim can also be submitted by mail to: Copyright Agent, Fundy Hosting, 14455 N. Hayden Road, Suite 219, Scottsdale, AZ 85260

To be considered effective, a notification of a claimed copyright infringement must be provided to Fundy Hosting and must include the following information:

An electronic signature of the copyright owner, or a person authorized to act on behalf of the owner, of an exclusive copyright that has allegedly been infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works on that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Fundy Hosting to locate the material.
Information reasonably sufficient to permit Fundy Hosting to contact the Complaining Party, such as an address, telephone number, and, if available, an electronic mail address at which the Complaining Party may be contacted.
A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is the owner, or is authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.

2. For Copyright Claims, upon receipt of appropriate notification from the Complaining Party, pursuant to Section 1 of Copyright Claims above, Fundy Hosting will remove or disable access to the material that is claimed to be infringing.

3. If the Complaining Party provides Fundy Hosting with appropriate notification, pursuant to Section 1 of Copyright Claims above, including information reasonably sufficient to permit Fundy Hosting to locate and remove or disable the material in question, or includes information concerning repeat infringement, then Fundy Hosting will forward the Complaining Party's written notification to such alleged Infringer and shall take reasonable steps promptly to notify the Infringer that it has removed or disabled access to the material.

C. Counter Notification Policy

1. Counter Notification. If you have received a notice of copyright or trademark infringement, you may provide Counter Notification by emailing This email address is being protected from spambots. You need JavaScript enabled to view it. or This email address is being protected from spambots. You need JavaScript enabled to view it. and including the following:

An electronic signature of the Infringer.
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
A statement under penalty of perjury that the Infringer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
The Infringer's name, address, and telephone number, and a statement that the Infringer consents to the jurisdiction of the Federal District Court for the judicial district of Arizona, or if the Infringer's address is outside of the United States, for any judicial district in which Fundy Hosting may be found, and that the Infringer will accept service of process from the Complaining Party or an agent of such Party.

2. Upon receipt of a Counter Notification as described in Section 1 above, Fundy Hosting shall promptly provide the Complaining Party with a copy of the Counter Notification, and inform such Party that it will replace the removed material or cease disabling access to it in ten (10) business days. Fundy Hosting will replace the removed material and cease disabling access to it in not less than ten (10), nor more than fourteen (14), business days following receipt of the Counter Notification, unless Fundy Hosting first receives notice from the Complaining Party that such Complaining Party has filed an action seeking a court order to restrain the Infringer from engaging in infringing activity relating to the material on Fundy Hosting's system or network.

D. Repeat Infringers

It is Fundy Hosting's policy to provide for the termination, in appropriate circumstances, of Fundy Hosting customers and account holders who repeatedly violate this policy or are repeat infringers of copyrighted works, trademarks or any other intellectual property.

Revised: 1/5/2012
Copyright © 2003-2012 All Rights Reserved.

FUNDY HOSTING UNIFORM DOMAIN NAME DISPUTE RESOLUTION POLICY
Last Revised: February 16, 2012 (As Approved by ICANN on October 24, 1999) 1. PURPOSE This Uniform Domain Name Dispute Resolution Policy (the "Policy") has been adopted by the Internet Corporation for Assigned Names and Numbers ("ICANN"), is incorporated by reference into your Registration Agreement, and sets forth the terms and conditions in connection with a dispute between you and any party other than us (the registrar) over the registration and use of an Internet domain name registered by you. Proceedings under Paragraph 4 of this Policy will be conducted according to the Rules for Uniform Domain Name Dispute Resolution Policy (the "Rules of Procedure"), which are available at dispute policy, and the selected administrative-dispute-resolution service provider's supplemental rules. 2. YOUR REPRESENTATIONS By applying to register a domain name, or by asking us to maintain or renew a domain name registration, you hereby represent and warrant to us that (a) the statements that you made in your Registration Agreement are complete and accurate; (b) to your knowledge, the registration of the domain name will not infringe upon or otherwise violate the rights of any third party; (c) you are not registering the domain name for an unlawful purpose; and (d) you will not knowingly use the domain name in violation of any applicable laws or regulations. It is your responsibility to determine whether your domain name registration infringes or violates someone else's rights. 3. CANCELLATIONS, TRANSFERS, AND CHANGES We will cancel, transfer or otherwise make changes to domain name registrations under the following circumstances: subject to the provisions of Paragraph 8, our receipt of written or appropriate electronic instructions from you or your authorized agent to take such action; our receipt of an order from a court or arbitral tribunal, in each case of competent jurisdiction, requiring such action; and/or our receipt of a decision of an Administrative Panel requiring such action in any administrative proceeding to which you were a party and which was conducted under this Policy or a later version of this Policy adopted by ICANN. (See Paragraph 4(i) and (k) below.) We may also cancel, transfer or otherwise make changes to a domain name registration in accordance with the terms of your Registration Agreement or other legal requirements. 4. MANDATORY ADMINISTRATIVE PROCEEDING This Paragraph sets forth the type of disputes for which you are required to submit to a mandatory administrative proceeding. These proceedings will be conducted before one of the administrative-dispute-resolution service providers listed here (each, a "Provider"). Applicable Disputes. You are required to submit to a mandatory administrative proceeding in the event that a third party (a "complainant") asserts to the applicable Provider, in compliance with the Rules of Procedure, that your domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; and you have no rights or legitimate interests in respect of the domain name; and your domain name has been registered and is being used in bad faith. In the administrative proceeding, the complainant must prove that each of these three elements are present. Evidence of Registration and Use in Bad Faith. For the purposes of Paragraph 4(a)(iii), the following circumstances, in particular but without limitation, if found by the Panel to be present, shall be evidence of the registration and use of a domain name in bad faith: circumstances indicating that you have registered or you have acquired the domain name primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to the complainant who is the owner of the trademark or service mark or to a competitor of that complainant, for valuable consideration in excess of your documented out-of-pocket costs directly related to the domain name; or you have registered the domain name in order to prevent the owner of the trademark or service mark from reflecting the mark in a corresponding domain name, provided that you have engaged in a pattern of such conduct; or you have registered the domain name primarily for the purpose of disrupting the business of a competitor; or by using the domain name, you have intentionally attempted to attract, for commercial gain, Internet users to your web site or other on-line location, by creating a likelihood of confusion with the complainant's mark as to the source, sponsorship, affiliation, or endorsement of your web site or location or of a product or service on your web site or location. How to Demonstrate Your Rights to and Legitimate Interests in the Domain Name in Responding to a Complaint. When you receive a complaint, you should refer to Paragraph 5 of the Rules of Procedure in determining how your response should be prepared. Any of the following circumstances, in particular but without limitation, if found by the Panel to be proved based on its evaluation of all evidence presented, shall demonstrate your rights or legitimate interests to the domain name for purposes of Paragraph 4(a)(ii): before any notice to you of the dispute, your use of, or demonstrable preparations to use, the domain name or a name corresponding to the domain name in connection with a bona fide offering of goods or services; or you (as an individual, business, or other organization) have been commonly known by the domain name, even if you have acquired no trademark or service mark rights; or you are making a legitimate noncommercial or fair use of the domain name, without intent for commercial gain to misleadingly divert consumers or to tarnish the trademark or service mark at issue. Selection of Provider. The complainant shall select the Provider from among those approved by ICANN by submitting the complaint to that Provider. The selected Provider will administer the proceeding, except in cases of consolidation as described in Paragraph 4(f). Initiation of Proceeding and Process and Appointment of Administrative Panel. The Rules of Procedure state the process for initiating and conducting a proceeding and for appointing the panel that will decide the dispute (the "Administrative Panel"). Consolidation. In the event of multiple disputes between you and a complainant, either you or the complainant may petition to consolidate the disputes before a single Administrative Panel. This petition shall be made to the first Administrative Panel appointed to hear a pending dispute between the parties. This Administrative Panel may consolidate before it any or all such disputes in its sole discretion, provided that the disputes being consolidated are governed by this Policy or a later version of this Policy adopted by ICANN. Fees. All fees charged by a Provider in connection with any dispute before an Administrative Panel pursuant to this Policy shall be paid by the complainant, except in cases where you elect to expand the Administrative Panel from one to three panelists as provided in Paragraph 5(b)(iv) of the Rules of Procedure, in which case all fees will be split evenly by you and the complainant. Our Involvement in Administrative Proceedings. We do not, and will not, participate in the administration or conduct of any proceeding before an Administrative Panel. In addition, we will not be liable as a result of any decisions rendered by the Administrative Panel. Remedies. The remedies available to a complainant pursuant to any proceeding before an Administrative Panel shall be limited to requiring the cancellation of your domain name or the transfer of your domain name registration to the complainant. Notification and Publication. The Provider shall notify us of any decision made by an Administrative Panel with respect to a domain name you have registered with us. All decisions under this Policy will be published in full over the Internet, except when an Administrative Panel determines in an exceptional case to redact portions of its decision. Availability of Court Proceedings. The mandatory administrative proceeding requirements set forth in Paragraph 4 shall not prevent either you or the complainant from submitting the dispute to a court of competent jurisdiction for independent resolution before such mandatory administrative proceeding is commenced or after such proceeding is concluded. If an Administrative Panel decides that your domain name registration should be canceled or transferred, we will wait ten (10) business days (as observed in the location of our principal office) after we are informed by the applicable Provider of the Administrative Panel's decision before implementing that decision. We will then implement the decision unless we have received from you during that ten (10) business day period official documentation (such as a copy of a complaint, file-stamped by the clerk of the court) that you have commenced a lawsuit against the complainant in a jurisdiction to which the complainant has submitted under Paragraph 3(b)(xiii) of the Rules of Procedure. (In general, that jurisdiction is either the location of our principal office or of your address as shown in our Whois database. See Paragraphs 1 and 3(b)(xiii) of the Rules of Procedure for details.) If we receive such documentation within the ten (10) business day period, we will not implement the Administrative Panel's decision, and we will take no further action, until we receive (i) evidence satisfactory to us of a resolution between the parties; (ii) evidence satisfactory to us that your lawsuit has been dismissed or withdrawn; or (iii) a copy of an order from such court dismissing your lawsuit or ordering that you do not have the right to continue to use your domain name. 5. ALL OTHER DISPUTES AND LITIGATION All other disputes between you and any party other than us regarding your domain name registration that are not brought pursuant to the mandatory administrative proceeding provisions of Paragraph 4 shall be resolved between you and such other party through any court, arbitration or other proceeding that may be available. 6. OUR INVOLVEMENT IN DISPUTES We will not participate in any way in any dispute between you and any party other than us regarding the registration and use of your domain name. You shall not name us as a party or otherwise include us in any such proceeding. In the event that we are named as a party in any such proceeding, we reserve the right to raise any and all defenses deemed appropriate, and to take any other action necessary to defend ourselves. 7. MAINTAINING THE STATUS QUO We will not cancel, transfer, activate, deactivate, or otherwise change the status of any domain name registration under this Policy except as provided in Paragraph 3 above. 8. TRANSFERS DURING A DISPUTE Transfers of a Domain Name to a New Holder You may not transfer your domain name registration to another holder (i) during a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded; or (ii) during a pending court proceeding or arbitration commenced regarding your domain name unless the party to whom the domain name registration is being transferred agrees, in writing, to be bound by the decision of the court or arbitrator. We reserve the right to cancel any transfer of a domain name registration to another holder that is made in violation of this subparagraph. Changing Registrars You may not transfer your domain name registration to another registrar during a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded. You may transfer administration of your domain name registration to another registrar during a pending court action or arbitration, provided that the domain name you have registered with us shall continue to be subject to the proceedings commenced against you in accordance with the terms of this Policy. In the event that you transfer a domain name registration to us during the pendency of a court action or arbitration, such dispute shall remain subject to the domain name dispute policy of the registrar from which the domain name registration was transferred. 9. POLICY MODIFICATIONS We reserve the right to modify this Policy at any time with the permission of ICANN. We will post our revised Policy at this location at least thirty (30) calendar days before it becomes effective. Unless this Policy has already been invoked by the submission of a complaint to a Provider, in which event the version of the Policy in effect at the time it was invoked will apply to you until the dispute is over, all such changes will be binding upon you with respect to any domain name registration dispute, whether the dispute arose before, on or after the effective date of our change. In the event that you object to a change in this Policy, your sole remedy is to cancel your domain name registration with us, provided that you will not be entitled to a refund of any fees you paid to us. The revised Policy will apply to you until you cancel your domain name registration.
Revised: 2/16/2012 Copyright © 2003-2012 All Rights Reserved.

FUNDY HOSTING
UNIFORM DOMAIN NAME DISPUTE RESOLUTION POLICY

Last Revised: February 16, 2012

(As Approved by ICANN on October 24, 1999)

1. PURPOSE

This Uniform Domain Name Dispute Resolution Policy (the "Policy") has been adopted by the Internet Corporation for Assigned Names and Numbers ("ICANN"), is incorporated by reference into your Registration Agreement, and sets forth the terms and conditions in connection with a dispute between you and any party other than us (the registrar) over the registration and use of an Internet domain name registered by you. Proceedings under Paragraph 4 of this Policy will be conducted according to the Rules for Uniform Domain Name Dispute Resolution Policy (the "Rules of Procedure"), which are available at dispute policy, and the selected administrative-dispute-resolution service provider's supplemental rules.

2. YOUR REPRESENTATIONS

By applying to register a domain name, or by asking us to maintain or renew a domain name registration, you hereby represent and warrant to us that (a) the statements that you made in your Registration Agreement are complete and accurate; (b) to your knowledge, the registration of the domain name will not infringe upon or otherwise violate the rights of any third party; (c) you are not registering the domain name for an unlawful purpose; and (d) you will not knowingly use the domain name in violation of any applicable laws or regulations. It is your responsibility to determine whether your domain name registration infringes or violates someone else's rights.

3. CANCELLATIONS, TRANSFERS, AND CHANGES

We will cancel, transfer or otherwise make changes to domain name registrations under the following circumstances:

subject to the provisions of Paragraph 8, our receipt of written or appropriate electronic instructions from you or your authorized agent to take such action;
our receipt of an order from a court or arbitral tribunal, in each case of competent jurisdiction, requiring such action; and/or
our receipt of a decision of an Administrative Panel requiring such action in any administrative proceeding to which you were a party and which was conducted under this Policy or a later version of this Policy adopted by ICANN. (See Paragraph 4(i) and (k) below.)

We may also cancel, transfer or otherwise make changes to a domain name registration in accordance with the terms of your Registration Agreement or other legal requirements.

4. MANDATORY ADMINISTRATIVE PROCEEDING

This Paragraph sets forth the type of disputes for which you are required to submit to a mandatory administrative proceeding. These proceedings will be conducted before one of the administrative-dispute-resolution service providers listed here (each, a "Provider").

1. Applicable Disputes. You are required to submit to a mandatory administrative proceeding in the event that a third party (a "complainant") asserts to the applicable Provider, in compliance with the Rules of Procedure, that
  1. your domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; and
  2. you have no rights or legitimate interests in respect of the domain name; and
  3. your domain name has been registered and is being used in bad faith.
  In the administrative proceeding, the complainant must prove that each of these three elements are present.
2. Evidence of Registration and Use in Bad Faith. For the purposes of Paragraph 4(a)(iii), the following circumstances, in particular but without limitation, if found by the Panel to be present, shall be evidence of the registration and use of a domain name in bad faith:
  1. circumstances indicating that you have registered or you have acquired the domain name primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to the complainant who is the owner of the trademark or service mark or to a competitor of that complainant, for valuable consideration in excess of your documented out-of-pocket costs directly related to the domain name; or
  2. you have registered the domain name in order to prevent the owner of the trademark or service mark from reflecting the mark in a corresponding domain name, provided that you have engaged in a pattern of such conduct; or
  3. you have registered the domain name primarily for the purpose of disrupting the business of a competitor; or
  4. by using the domain name, you have intentionally attempted to attract, for commercial gain, Internet users to your web site or other on-line location, by creating a likelihood of confusion with the complainant's mark as to the source, sponsorship, affiliation, or endorsement of your web site or location or of a product or service on your web site or location.
3. How to Demonstrate Your Rights to and Legitimate Interests in the Domain Name in Responding to a Complaint. When you receive a complaint, you should refer to Paragraph 5 of the Rules of Procedure in determining how your response should be prepared. Any of the following circumstances, in particular but without limitation, if found by the Panel to be proved based on its evaluation of all evidence presented, shall demonstrate your rights or legitimate interests to the domain name for purposes of Paragraph 4(a)(ii):
  1. before any notice to you of the dispute, your use of, or demonstrable preparations to use, the domain name or a name corresponding to the domain name in connection with a bona fide offering of goods or services; or
  2. you (as an individual, business, or other organization) have been commonly known by the domain name, even if you have acquired no trademark or service mark rights; or
  3. you are making a legitimate noncommercial or fair use of the domain name, without intent for commercial gain to misleadingly divert consumers or to tarnish the trademark or service mark at issue.
4. Selection of Provider. The complainant shall select the Provider from among those approved by ICANN by submitting the complaint to that Provider. The selected Provider will administer the proceeding, except in cases of consolidation as described in Paragraph 4(f).
5. Initiation of Proceeding and Process and Appointment of Administrative Panel. The Rules of Procedure state the process for initiating and conducting a proceeding and for appointing the panel that will decide the dispute (the "Administrative Panel").
6. Consolidation. In the event of multiple disputes between you and a complainant, either you or the complainant may petition to consolidate the disputes before a single Administrative Panel. This petition shall be made to the first Administrative Panel appointed to hear a pending dispute between the parties. This Administrative Panel may consolidate before it any or all such disputes in its sole discretion, provided that the disputes being consolidated are governed by this Policy or a later version of this Policy adopted by ICANN.
7. Fees. All fees charged by a Provider in connection with any dispute before an Administrative Panel pursuant to this Policy shall be paid by the complainant, except in cases where you elect to expand the Administrative Panel from one to three panelists as provided in Paragraph 5(b)(iv) of the Rules of Procedure, in which case all fees will be split evenly by you and the complainant.
8. Our Involvement in Administrative Proceedings. We do not, and will not, participate in the administration or conduct of any proceeding before an Administrative Panel. In addition, we will not be liable as a result of any decisions rendered by the Administrative Panel.
9. Remedies. The remedies available to a complainant pursuant to any proceeding before an Administrative Panel shall be limited to requiring the cancellation of your domain name or the transfer of your domain name registration to the complainant.
10. Notification and Publication. The Provider shall notify us of any decision made by an Administrative Panel with respect to a domain name you have registered with us. All decisions under this Policy will be published in full over the Internet, except when an Administrative Panel determines in an exceptional case to redact portions of its decision.
11. Availability of Court Proceedings. The mandatory administrative proceeding requirements set forth in Paragraph 4 shall not prevent either you or the complainant from submitting the dispute to a court of competent jurisdiction for independent resolution before such mandatory administrative proceeding is commenced or after such proceeding is concluded. If an Administrative Panel decides that your domain name registration should be canceled or transferred, we will wait ten (10) business days (as observed in the location of our principal office) after we are informed by the applicable Provider of the Administrative Panel's decision before implementing that decision. We will then implement the decision unless we have received from you during that ten (10) business day period official documentation (such as a copy of a complaint, file-stamped by the clerk of the court) that you have commenced a lawsuit against the complainant in a jurisdiction to which the complainant has submitted under Paragraph 3(b)(xiii) of the Rules of Procedure. (In general, that jurisdiction is either the location of our principal office or of your address as shown in our Whois database. See Paragraphs 1 and 3(b)(xiii) of the Rules of Procedure for details.) If we receive such documentation within the ten (10) business day period, we will not implement the Administrative Panel's decision, and we will take no further action, until we receive (i) evidence satisfactory to us of a resolution between the parties; (ii) evidence satisfactory to us that your lawsuit has been dismissed or withdrawn; or (iii) a copy of an order from such court dismissing your lawsuit or ordering that you do not have the right to continue to use your domain name.

5. ALL OTHER DISPUTES AND LITIGATION

All other disputes between you and any party other than us regarding your domain name registration that are not brought pursuant to the mandatory administrative proceeding provisions of Paragraph 4 shall be resolved between you and such other party through any court, arbitration or other proceeding that may be available.

6. OUR INVOLVEMENT IN DISPUTES

We will not participate in any way in any dispute between you and any party other than us regarding the registration and use of your domain name. You shall not name us as a party or otherwise include us in any such proceeding. In the event that we are named as a party in any such proceeding, we reserve the right to raise any and all defenses deemed appropriate, and to take any other action necessary to defend ourselves.

7. MAINTAINING THE STATUS QUO

We will not cancel, transfer, activate, deactivate, or otherwise change the status of any domain name registration under this Policy except as provided in Paragraph 3 above.

8. TRANSFERS DURING A DISPUTE

Transfers of a Domain Name to a New Holder

You may not transfer your domain name registration to another holder (i) during a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded; or (ii) during a pending court proceeding or arbitration commenced regarding your domain name unless the party to whom the domain name registration is being transferred agrees, in writing, to be bound by the decision of the court or arbitrator. We reserve the right to cancel any transfer of a domain name registration to another holder that is made in violation of this subparagraph.

Changing Registrars

You may not transfer your domain name registration to another registrar during a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded. You may transfer administration of your domain name registration to another registrar during a pending court action or arbitration, provided that the domain name you have registered with us shall continue to be subject to the proceedings commenced against you in accordance with the terms of this Policy. In the event that you transfer a domain name registration to us during the pendency of a court action or arbitration, such dispute shall remain subject to the domain name dispute policy of the registrar from which the domain name registration was transferred.

9. POLICY MODIFICATIONS

We reserve the right to modify this Policy at any time with the permission of ICANN. We will post our revised Policy at this location at least thirty (30) calendar days before it becomes effective. Unless this Policy has already been invoked by the submission of a complaint to a Provider, in which event the version of the Policy in effect at the time it was invoked will apply to you until the dispute is over, all such changes will be binding upon you with respect to any domain name registration dispute, whether the dispute arose before, on or after the effective date of our change. In the event that you object to a change in this Policy, your sole remedy is to cancel your domain name registration with us, provided that you will not be entitled to a refund of any fees you paid to us. The revised Policy will apply to you until you cancel your domain name registration.

Revised: 2/16/2012
Copyright © 2003-2012 All Rights Reserved.

FUNDY HOSTING CIVIL SUBPOENA POLICY
FUNDY HOSTING ONLINE CIVIL SUBPOENA POLICY Fundy Hosting's Privacy Policy prohibits the release of customer or account information without express permission from the customer, except when required by law, to conform to the edicts of the law, or to comply with legal process properly served on Fundy Hosting or one of its affiliates. Fundy Hosting is a reseller for Wild West Domains, LLC ("Wild West"). The products and services offered by Fundy Hosting may not all originate from Wild West. Wild West is unable to provide information regarding customer use of non-Wild West products and services. If you seek the identity or account information of a Fundy Hosting customer in connection with a civil legal matter, you must fax, mail, or serve Wild West with a valid subpoena. Submission of Subpoenas Wild West is headquartered in Scottsdale, Arizona and all civil subpoenas should be served at that location or mailed to: Compliance Department Wild West 14455 N. Hayden Road Suite 219 Scottsdale, Arizona 85260 Alternatively, the civil subpoena can be faxed to: (480) 624-2546 Attn: Compliance Department Notice to Customer and Response Time Upon the receipt of a valid civil subpoena, Wild West will promptly notify the customer whose information is sought via e-mail or U.S. mail. If the circumstances do not amount to an emergency, Wild West will not immediately produce the customer information sought by the subpoena and will provide the customer an opportunity to move to quash the subpoena in court. Wild West reserves the right to charge an administration fee to the customer by charging the Payment Method the customer has on file with Wild West. Fees for Subpoena Compliance Wild West will charge the person or entity submitting the civil subpoena for costs associated with subpoena compliance. Payment must be made within thirty (30) days from the date of receipt of the Wild West invoice. Checks should be made out to Wild West. Wild West's subpoena compliance costs are as follows: Research - $75.00/hour Federal Express - Cost as Billed Copies - $.25/page Policies Regarding E-mail Wild West will not produce the content of e-mail, as the Electronic Communications Privacy Act, 18 U.S.C. §2701 et seq., prohibits an electronic communications service provider from producing the contents of electronic communications, even pursuant to subpoena or court order, except in limited circumstances. Wild West's e-mail servers do not retain deleted or sent e-mail. Wild West reserves the right to request a copy of the complaint and any supporting documentation that demonstrates how the Wild West e-mail address is related to the pending litigation and the underlying subpoena.
Revised: 12/22/2011 Copyright © 2005-2011 All Rights Reserved.

FUNDY HOSTING
CIVIL SUBPOENA POLICY

FUNDY HOSTING ONLINE CIVIL SUBPOENA POLICY

Fundy Hosting's Privacy Policy prohibits the release of customer or account information without express permission from the customer, except when required by law, to conform to the edicts of the law, or to comply with legal process properly served on Fundy Hosting or one of its affiliates. Fundy Hosting is a reseller for Wild West Domains, LLC ("Wild West"). The products and services offered by Fundy Hosting may not all originate from Wild West. Wild West is unable to provide information regarding customer use of non-Wild West products and services.

If you seek the identity or account information of a Fundy Hosting customer in connection with a civil legal matter, you must fax, mail, or serve Wild West with a valid subpoena.

Submission of Subpoenas

Wild West is headquartered in Scottsdale, Arizona and all civil subpoenas should be served at that location or mailed to:

Compliance Department
Wild West
14455 N. Hayden Road
Suite 219
Scottsdale, Arizona
85260

Alternatively, the civil subpoena can be faxed to:

(480) 624-2546
Attn: Compliance Department

Notice to Customer and Response Time

Upon the receipt of a valid civil subpoena, Wild West will promptly notify the customer whose information is sought via e-mail or U.S. mail. If the circumstances do not amount to an emergency, Wild West will not immediately produce the customer information sought by the subpoena and will provide the customer an opportunity to move to quash the subpoena in court. Wild West reserves the right to charge an administration fee to the customer by charging the Payment Method the customer has on file with Wild West.

Fees for Subpoena Compliance

Wild West will charge the person or entity submitting the civil subpoena for costs associated with subpoena compliance. Payment must be made within thirty (30) days from the date of receipt of the Wild West invoice. Checks should be made out to Wild West.

Wild West's subpoena compliance costs are as follows:

Research - $75.00/hour
Federal Express - Cost as Billed
Copies - $.25/page

Policies Regarding E-mail

Wild West will not produce the content of e-mail, as the Electronic Communications Privacy Act, 18 U.S.C. §2701 et seq., prohibits an electronic communications service provider from producing the contents of electronic communications, even pursuant to subpoena or court order, except in limited circumstances. Wild West's e-mail servers do not retain deleted or sent e-mail.

Wild West reserves the right to request a copy of the complaint and any supporting documentation that demonstrates how the Wild West e-mail address is related to the pending litigation and the underlying subpoena.

Revised: 12/22/2011
Copyright © 2005-2011 All Rights Reserved.

FUNDY HOSTING CRIMINAL SUBPOENA POLICY
FUNDY HOSTING ONLINE CRIMINAL SUBPOENA POLICY Fundy Hosting's Privacy Policy prohibits the release of customer or account information without express permission from the customer, except when required by law, to conform to the edicts of the law, or to comply with legal process properly served on Fundy Hosting or one of its affiliates. Fundy Hosting is a reseller for Wild West Domains, LLC ("Wild West"). The products and services offered by Fundy Hosting may not all originate from Wild West. Wild West is unable to provide information regarding customer use of non-Wild West products and services. If you seek the identity or account information of a Fundy Hosting customer in connection with a criminal matter, and are a member of the law enforcement community, you must fax, mail, or serve Wild West with a valid subpoena. Submission of Subpoenas Wild West is headquartered in Scottsdale, Arizona and all criminal subpoenas should be served at that location or mailed to: Compliance Department Wild West 14455 N. Hayden Road Suite 219 Scottsdale, Arizona 85260 Alternatively, the subpoena can be faxed to: (480) 624-2546 Attn: Compliance Department Policies Regarding Email Wild West will not produce the content of e-mail, as the Electronic Communications Privacy Act, 18 U.S.C. §2701 et seq., prohibits an electronic communications service provider from producing the contents of electronic communications, even pursuant to subpoena or court order, except in limited circumstances. Wild West's e-mail servers do not retain deleted or sent e-mail. Wild West reserves the right to request a copy of the complaint and any supporting documentation that demonstrates how the Wild West e-mail address is related to the pending investigation and the underlying subpoena.
Revised: 12/22/2011 Copyright © 2007-2011 All Rights Reserved.

FUNDY HOSTING
CRIMINAL SUBPOENA POLICY

FUNDY HOSTING ONLINE CRIMINAL SUBPOENA POLICY

If you seek the identity or account information of a Fundy Hosting customer in connection with a criminal matter, and are a member of the law enforcement community, you must fax, mail, or serve Wild West with a valid subpoena.

Submission of Subpoenas

Wild West is headquartered in Scottsdale, Arizona and all criminal subpoenas should be served at that location or mailed to:

Compliance Department
Wild West
14455 N. Hayden Road
Suite 219
Scottsdale, Arizona
85260

Alternatively, the subpoena can be faxed to:

(480) 624-2546
Attn: Compliance Department

Policies Regarding Email

Wild West reserves the right to request a copy of the complaint and any supporting documentation that demonstrates how the Wild West e-mail address is related to the pending investigation and the underlying subpoena.

FUNDY HOSTING

ANTI-SPAM POLICY

Fundy Hosting Online does not tolerate the transmission of spam. We monitor all traffic to and from our web servers for indications of spamming and maintain a spam abuse compliant center to register allegations of spam abuse. Customers suspected to be using Fundy Hosting products and services for the purpose of sending spam are fully investigated. Once Fundy Hosting determines there is a problem with spam, Fundy Hosting will take the appropriate action to resolve the situation. Our spam abuse compliant center can be reached by email at This email address is being protected from spambots. You need JavaScript enabled to view it..

HOW WE DEFINE SPAM

We define spam as the sending of Unsolicited Commercial Email (UCE), Unsolicited Bulk Email (UBE) or Unsolicited Facsimiles (Fax), which is email or facsimile sent to recipients as an advertisement or otherwise, without first obtaining prior confirmed consent to receive these communications from the sender. This can include, but is not limited to, the following:

Email Messages

Newsgroup postings

Windows system messages

Pop-up messages (aka "adware" or "spyware" messages)

Instant messages (using AOL, MSN, Yahoo or other instant messenger programs)

Online chat room advertisements

Guestbook or Website Forum postings

Facsimile Solicitations

WHAT WE ALLOW AND DON'T ALLOW

We will not allow our servers and services to be used for the purposes described above. In order to use our products and services, you must not only abide by all applicable laws and regulations, which include the Can-Spam Act of 2003 and the Telephone Consumer Protection Act, but you must also abide by Fundy Hosting's no spam policies. Commercial advertising and/or bulk emails or faxes may only be sent to recipients who have already "opted-in" to receive messages from the sender specifically. They must include a legitimate return address and reply-to address, the sender's physical address, and an opt-out method in the footer of the email or fax. Upon request by Fundy Hosting, conclusive proof of opt-in may be required for an email address or fax number.

WHAT WE DO

If Fundy Hosting determines the services in question are being used in association with spam, Fundy Hosting will re-direct, suspend, or cancel any web site hosting, domain registration, email boxes or other applicable services for a period of no less than two (2) days. The registrant or customer will be required to respond by email to Fundy Hosting stating that they will cease to send spam and/or have spam sent on their behalf. Fundy Hosting will require a non-refundable reactivation fee to be paid before the site, email boxes and/or services are reactivated. In the event Fundy Hosting determines the abuse has not stopped after services have been restored the first time, Fundy Hosting may terminate the hosting and email boxes associated with domain name in question. To Report Spam Abuse: We encourage all customers and recipients of email generated from our products and services to report suspected spam. Suspected abuse can be reported by email or through our Spam Abuse Compliant Center on the Web.

Web:

Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

Fundy Hosting is committed to making the Internet a safer place

In furtherance of this commitment, we have joined forces with the Anti-Phishing Working Group (APWG). APWG is an industry association dedicated to the elimination of the identity theft and fraud associated with phishing and email spoofing. APWG currently has more than six hundred (600) members consisting of law enforcement, financial institutions and technology vendors. APWG focuses on education of the consumer and development of industry and legal solutions to the growing problem of phishing and email spoofing. We are proud to join this group and hope that together, we can end the threat that phishing and email spoofing poses.

Revised: 2/16/2010

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