DRS tech question

[wiposucks]

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

 

[Adam]

Terms and Conditions

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.

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.

 

[retired_member12]

Terms and Conditions

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.

 

[Adam]

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.

 

[wiposucks]

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

 

[HariSeldon]

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.

 

[wiposucks]

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]

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