PWTLD DISPUTE RESOLUTION POLICY

1. Purpose - This pwTLD Dispute Resolution Policy (the "Policy") has been adopted by the PW Registry Corporation ("REGISTRY"), the entity authorized to administer the .pw ccTLD. It is incorporated by reference into the pwTLD Registration Agreement, and sets forth the terms and conditions in connection with a dispute between you (as the registrant) and any party other than us (as the registrar) or the registry administrator for the pwTLD (as the "Registry") 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 the pwTLD Dispute Resolution Policy (the "Rules"), which are attached hereto, and the selected administrative-dispute-resolution service provider's supplemental rules.
   
   
2. Your Representations - By applying to register a domain name, registering 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 pwTLD 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 a domain name registration that is subject to this Policy under the following circumstances:
   
   
   1. 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; or
      
      
   2. Our receipt of an order from a court or arbitral tribunal, in each case of competent jurisdiction in the Republic of Palau, requiring such action; or
      
      
   3. 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 the REGISTRY.
      
      We may also cancel, transfer or otherwise make changes to a domain name registration in accordance with the terms of your pwTLD Registration Agreement or other legal requirements.
      
      
4. Dispute Resolution Proceedings - This Paragraph sets forth the type of disputes for which you are required to submit to proceedings under the Dispute Resolution Policy.
   
   
1. Applicable Disputes - You are required to submit to a Dispute Resolution Proceeding in the event that a third party (a "Complainant") asserts , in compliance with the Rules, that:

   i. Your domain name is identical or confusingly similar to a trademark, service mark, tradename or business name in which the Complainant has rights; and

   ii. Your domain name has been registered in bad faith and is being used in bad faith; and

   iii. You have no rights or legitimate interests in respect of the domain name.

In the proceeding, the Complainant must prove that each of these three elements is present.

2. Evidence of Registration or Use in Bad Faith - For the purposes of Paragraph 4(a)(ii), the following circumstances, in particular but without limitation, if found by the Panel to be present, shall be evidence of the registration or use of a domain name in bad faith, bearing in mind that both bad faith registration and bad faith use must be established:
   
   
1. Circumstances indicating that you have registered the domain name in bad faith:
   
   
1. You have registered or you have acquired the domain name for the purpose of selling, renting, or otherwise transferring the domain name registration to the Complainant who is the owner of a coined trademark, service mark, tradename or business name or to a competitor of that Complainant, for valuable consideration in substantial excess of your documented out-of-pocket costs directly related to the domain name; or
2. You have registered the domain name primarily for the purpose of disrupting the business of a competitor or public or professional activities of another person.
   
   
2. Circumstances indicating that you have used the domain name in bad faith:
   
   
1. 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 name 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. The following circumstances are not in themselves evidence that the domain name has been registered or is being used in bad faith:
   
   
1. Failure on your part to activate a domain name; and
   
   
2. Failure to respond on your part does not relieve the Complainant of the burden of proving all the required elements of the complaint.
   
   
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 the Rules in determining how your response should be prepared. Any of the following circumstances, in particular but without limitation, if found by the Administrative 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)(iii):
   
   
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 good faith offering of goods, information or services, irrespective of the moral or legal rights to provide such goods, information and services; or
   
   
2. You are the owner or beneficiary of a trademark, service mark, tradename or business name that is identical or similar to the domain name; or
   
   
3. The name is the one by which you, as an individual, business or other organization, are commonly known, even if you have acquired no trademark, tradename, or business name; or
   
   
4. You are making a legitimate noncommercial or fair use of the domain name, without intent to misleadingly divert consumers. A non-exhaustive list of examples of legitimate noncommercial or fair use of a domain name is as follows:
   

   1. where the work is a parody
   2. where the work is a non-defamatory criticism of a person or business
   3. where the work is a tribute
   4. nominative, generic or descriptive uses of the work
   5. comparative advertising
   6. legitimate sales and resales of the marked goods or services

These rights and legitimate interests shall be recognized under this policy, regardless of the jurisdiction where the parties are located.

4. Selection of Arbitration Provider - The Complainant shall select an Arbitration Provider from among those approved by REGISTRY 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 Appointment of Administrative Panel - The Rules 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 REGISTRY.
   
   
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 [CITE PARAGRAPH] of the Rules, 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 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 in the Republic of Palau 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 twenty (20) 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 twenty (20) 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 [CITE PARAGRAPH] of the Rules. (In general, that jurisdiction is either the location of our principal office or of your address as shown in our Whois database. See [CITE PARAGRAPH] of the Rules for details.) If we receive such documentation within the twenty (20) 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
   
   
1. 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.
   
   
2. 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. 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 REGISTRY. We will post our revised Policy at [ADD URL HERE] 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 the 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.