Clause 9 of DRS Policy

[woohoo]

I noted when I tried to upload the Response and Exhibits to Nominet that they ask you to confirm amongst other things that the Respondent accepts clause 9 of Policy. It read via the Control Panel that you must absolve Nominet experts,directors etc from all responsibility except for where there is bad faith and will not call expert, directors to Court etc in respect of any court proceedings regarding the domain name . This raised three points. Does one accept that clause of Policy when registering a domain name ? Why is the not calling experts or directors to Court part of clause 9 not mentioned in clause 9 of the .pdf file of DRS Policy sent to the Respondent ? Why does it not appear in the Policy on the Nominet website ?. It only seems to appear when one logs into Nominet control panel to upload the Response .

K

 

[anthony]

I'd question whether they could do this to prevent themselves being called to Court. Write to Nominets Lawyers and specifically ask them whether they have ever volunteered statements to a Court post-DRS.

 

[woohoo]

I'd question whether they could do this to prevent themselves being called to Court. Write to Nominets Lawyers and specifically ask them whether they have ever volunteered statements to a Court post-DRS.

Yes I will do thanks. I am sure they have. What I was also puzzled by is the difference between the Policy dox sent to me with the Complaint and also on the Nominet Website which, at clause 9 do not seem to anywhere mention that you have to exclude yourself from calling the Expert or Director to any Court proceedings, yet if you log in and try and upload the Response the wording is different. On this point ,I noted that someone I know in fact raised this type of point where WIPO apparently tried to get them to agree to absolve WIPO of any responsibility for mistakes etc etc ,and they refused to agree that term because it was not in any ICANN or Registrar agreement and therefore why should a Respondent who is not a voluntary party to the complaint agree to it. WIPO then agreed and let them exclude that term of the Response. I note WIPO still ask people to agree it though.

K