Buy Sell Discuss UK Domain Names at AcornDomains.co.uk

Today's Drop Dates are: 07-11-2011 or 14-11-2011   All times are GMT. The time now is 07:49:21 PM.
Domain Name Sales Domain Software Calculate UK Domain Drop Dates Domain Registration NameDrive Domain Parking Subscribe to our Domains For Sale newsletter
Go Back   Domain Forum Acorn Domains Buy Sell Auction UK Domains > Domain Name Disputes & Scams > Domain Name Disputes
Reload this Page DRS tech question
Connect with Facebook
Home Register Rules Membership Upgrade Domains For Sale Domain Name Escrow Mark Forums Read Domain Classified Chat Room

Domain Name Disputes Discuss domain disputes, Nominet DRS or UDRP

Closed Thread
 
LinkBack Thread Tools Display Modes
Old 23-02-2010, 12:16:33 PM     #1 (permalink)
Member
 
Join Date: Feb 2010
Posts: 42
wiposucks has much to be proud ofwiposucks has much to be proud ofwiposucks has much to be proud ofwiposucks has much to be proud ofwiposucks has much to be proud ofwiposucks has much to be proud ofwiposucks has much to be proud ofwiposucks has much to be proud ofwiposucks has much to be proud ofwiposucks has much to be proud of
DRS tech question
Know this is longshot but does anyone know where within the domain registration terms you are obligated to then accept the Dispute Resolution Service rules and policy if
anyone issues a DRS ?. I would of course accept by implication that anyone issuing a DRS would need to agree to be bound, but cannot expect a Respondent to be quite so willing ,unless he/she has already agreed to accept somewhere within the terms & conditions when he regs.

Cheers

WS
wiposucks is offline  
Old 23-02-2010, 12:20:00 PM     #2 (permalink)

 
Join Date: Apr 2006
Posts: 266
Adam has a brilliant futureAdam has a brilliant futureAdam has a brilliant futureAdam has a brilliant futureAdam has a brilliant futureAdam has a brilliant futureAdam has a brilliant futureAdam has a brilliant futureAdam has a brilliant futureAdam has a brilliant futureAdam has a brilliant future
Terms and Conditions

Quote:
14 You agree to be bound by:

14.1 the DRS policy and DRS procedure; and

14.2 if there is a dispute, the version of the DRS policy and DRS procedure (available on our website) which applies at the time that proceedings under the dispute resolution service start, until the dispute is over.
Quote:
37 This contract is a legally binding document. You should read it carefully and make sure that it contains everything you want and nothing you are not prepared to agree to. These conditions, together with the rules, DRS policy and DRS procedure, are the entire contract between you and us for the domain name, and replace all previous contracts, understandings and representations about this domain name, whether spoken or written.
Adam is offline  
Old 23-02-2010, 12:25:06 PM     #3 (permalink)

 
retired_member12's Avatar
 
Join Date: Aug 2006
Posts: 1,510
retired_member12 has a reputation beyond reputeretired_member12 has a reputation beyond reputeretired_member12 has a reputation beyond reputeretired_member12 has a reputation beyond reputeretired_member12 has a reputation beyond reputeretired_member12 has a reputation beyond reputeretired_member12 has a reputation beyond reputeretired_member12 has a reputation beyond reputeretired_member12 has a reputation beyond reputeretired_member12 has a reputation beyond reputeretired_member12 has a reputation beyond repute
Quote:
Originally Posted by Adam View Post
That relates to the function of the DRS, not the decision. It protects (to a degree) Nominets' role in the matter, but in no way stops you from going to Court to settle the matter afterwards.
retired_member12 is offline  
Old 23-02-2010, 12:34:01 PM     #4 (permalink)

 
Join Date: Apr 2006
Posts: 266
Adam has a brilliant futureAdam has a brilliant futureAdam has a brilliant futureAdam has a brilliant futureAdam has a brilliant futureAdam has a brilliant futureAdam has a brilliant futureAdam has a brilliant futureAdam has a brilliant futureAdam has a brilliant futureAdam has a brilliant future
Quote:
Originally Posted by DoubleTap View Post
That relates to the function of the DRS, not the decision. It protects (to a degree) Nominets' role in the matter, but in no way stops you from going to Court to settle the matter afterwards.
Just having glanced quickly over the original post, I didn't feel he was asking about court, instead I thought he was asking if as a respondent he had to reply to a DRS or not and so wanted to know if he has to respond or not, and where he had agreed to be bound by the DRS. But yeah, obviously no stopping anyone going to court.
Adam is offline  
Old 23-02-2010, 12:42:59 PM     #5 (permalink)
Member
 
Join Date: Feb 2010
Posts: 42
wiposucks has much to be proud ofwiposucks has much to be proud ofwiposucks has much to be proud ofwiposucks has much to be proud ofwiposucks has much to be proud ofwiposucks has much to be proud ofwiposucks has much to be proud ofwiposucks has much to be proud ofwiposucks has much to be proud ofwiposucks has much to be proud of
Quote:
Originally Posted by Adam View Post
Just having glanced quickly over the original post, I didn't feel he was asking about court, instead I thought he was asking if as a respondent he had to reply to a DRS or not and so wanted to know if he has to respond or not, and where he had agreed to be bound by the DRS. But yeah, obviously no stopping anyone going to court.
Thanks Adam et al for the replies. Yes correct Adam ,infact
I was looking at the undertaking has to be given at time one wants to respond to a DRS and at that time you have to agree to be bound. Being pedantic to slight extreme (but have found thats how law works) , I was in fact looking to see where in the terms & conditions one "agrees, to agree" to be bound. Take for example the
WIPO procedure. Someone I know fairly well infact refused to sign any undertaking to be bound by WIPO rules and, procedures ,or to exonerate experts from liability re their decisions on the basis that nowhere in the ICANN procedures or rules that one agrees to when regging a .com domain does it state that you have to agree to so accept, and infact even if you did then it would
be void for uncertainty given the different rules of different
providers of such procedures.

Thanks
WS
wiposucks is offline  
Old 23-02-2010, 12:59:17 PM     #6 (permalink)

 
Join Date: Mar 2009
Location: Powys and Hemel Hempstead
Posts: 360
HariSeldon has a reputation beyond reputeHariSeldon has a reputation beyond reputeHariSeldon has a reputation beyond reputeHariSeldon has a reputation beyond reputeHariSeldon has a reputation beyond reputeHariSeldon has a reputation beyond reputeHariSeldon has a reputation beyond reputeHariSeldon has a reputation beyond reputeHariSeldon has a reputation beyond reputeHariSeldon has a reputation beyond reputeHariSeldon has a reputation beyond repute
Quote:
Originally Posted by wiposucks View Post
nowhere in the ICANN procedures or rules that one agrees to when regging a .com domain does it state that you have to agree to so accept,
The ICANN rules state "You are required to submit to a mandatory administrative proceeding [if there is a dispute]", seems pretty unequivocal to me.
HariSeldon is offline  
Old 23-02-2010, 01:05:56 PM     #7 (permalink)
Member
 
Join Date: Feb 2010
Posts: 42
wiposucks has much to be proud ofwiposucks has much to be proud ofwiposucks has much to be proud ofwiposucks has much to be proud ofwiposucks has much to be proud ofwiposucks has much to be proud ofwiposucks has much to be proud ofwiposucks has much to be proud ofwiposucks has much to be proud ofwiposucks has much to be proud of
Quote:
Originally Posted by HariSeldon View Post
The ICANN rules state "You are required to submit to a mandatory administrative proceeding [if there is a dispute]", seems pretty unequivocal to me.
Youre missing the point im afraid. I am speaking of the undertaking requested on the actual response forms for WIPO at which point you are requested by WIPO to absolve them of all liability etc etc. They apparently accepted the response without that undertaking being agreed to because
they realised that they had no right to order that.

WS
wiposucks is offline  
Old 23-02-2010, 01:08:55 PM     #8 (permalink)
Member
 
Join Date: Feb 2010
Posts: 42
wiposucks has much to be proud ofwiposucks has much to be proud ofwiposucks has much to be proud ofwiposucks has much to be proud ofwiposucks has much to be proud ofwiposucks has much to be proud ofwiposucks has much to be proud ofwiposucks has much to be proud ofwiposucks has much to be proud ofwiposucks has much to be proud of
Hari, I didnt really express it how I meant to sorry. Yes I know that you have to bind yourself to accepting UDRP procedure but NOT the additional terms etc that WIPO and others add in to the response to cover their own sorry arses.
It is those additional self made terms they agreed to waive in my friends case.

WS
wiposucks is offline  
Closed Thread



Bookmarks

« Previous Thread | Next Thread »
Thread Tools
Display Modes
Linear Mode Linear Mode

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts
BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off

Similar Threads
Thread Thread Starter Domain Name Community Replies Last Post
Domain names snapped-up after Tech shootings, with hopes of big ... - Tampa Bay's 10 RSS Domain Name News 0 13-05-2007 04:59:11 PM
Profiteers snap up domain names related to Va. Tech tragedy - Boston Globe RSS Domain Name News 0 10-05-2007 12:59:34 AM
Some Profit Off Va. Tech Domain Names - Houston Chronicle RSS Domain Name News 0 09-05-2007 11:59:02 PM
Some Profit Off Va. Tech Domain Names - The Age RSS Domain Name News 0 09-05-2007 09:59:02 PM
Profiteers Snap Up Domain Names Related To Virginia Tech Shooting - Diverse RSS Domain Name News 0 09-05-2007 12:59:04 PM


All times are GMT. The time now is 07:49:21 PM.

Domain Auctions - Deleting Domains - Domain Software - Domain Prices - Web Design Forum - Flash Templates - Contact Us - Archive - Top

Powered by vBulletin® Version 3.7.3
Copyright ©2000 - 2012, Jelsoft Enterprises Ltd.
SEO by vBSEO 3.6.0 RC 2
All content on Acorn Domains is member generated and is not moderated before posting. All content is viewed and used by you at your own risk and AD does not warrant the accuracy or reliability of any of the information. The views expressed are those of the individual contributors and not necessarily those of AD. Please contact us to report any issues or send a PM to "Admin".