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Terms and Conditions

Taka Enterprise Ltd.
(有限会社Takaエンタプライズ）
JP-Domains.com

Published in 2008

Chapter 1 (Purpose)

This agreement ("the Agreement") herein sets forth terms and conditions that the contractor ("the User") of Taka Enterprise Ltd. (JP-Domains.com) ("the Company") complies with for any service provided by the Company.

 

Chapter 2 (Modification of the Agreement)

The Agreement may be modified and/or revised without any consent of the User, and the User shall accept such modification and/or revision.

 

Chapter 3 (The General Agreement Subject to the Approval of the Agreement)

1. The Agreement shall involve the contract clauses agreed between the Company and other organizations, with which the Company has contractual relationships ("the General Organizations"), in order to provide its services.

The contract clauses agreed between the Company and General Organizations shall involve articles, regulations, rules, policies, other guidelines, and other laws.

The contract clauses agreed between the Company and General Organizations may occasionally have priority over the validity of the Agreement.

2. Should any modification and/or revision be made to the contract clauses agreed between the Company and General Organizations hereafter, the Agreement shall involve such modification and/or revision, and such modification and/or revision may occasionally be made without any consent of the User.

 

Chapter 4 (Damage/Indemnity)

1. The Company shall not warrant the perfectibility, accuracy, applicability, and availability of any information, service, software, and hardware provided by the Company.

2. The Company shall not be held responsible for any kind of damages and/or losses caused to the User being served, whether such damages and /or losses are owing to the Company's intention or serious fault.

3. Should the User cause any damages and/or losses to others while utilizing the Company's services, the User shall be held responsible for such damages and/or losses, and the Company shall not be held responsible for such damages and/or losses.

 

Chapter 5 (Standard Time Applied to the System)

Japan Standard Time (JST) shall be applied to the system of the Company.

 

Chapter 6 (Operation/Administration of the System)

1. The Company may occasionally shut down its system without any advance notice to the User owing to maintenance work, engineering works, and problems of the system equipment, system problems and maintenance work of the General Organizations' system, and/or any other reasons.

2. Should the system shutdown cause any damages and/or losses to the User, the Company shall not be held responsible for such damages and/or losses caused.

 

Chapter 7 (Fair Use of the Service/the System)

Article 1 (Fair Use of the Services/the System)

The User shall not be allowed, under any circumstances, to put an excessive amount of load on the Company's services as well as on its program, system, and equipment necessary to provide the Company's services ("the System").

Article 2 (Liability for Damages and/or Losses to the Services/the System)

Contrary to the preceding article, should the User put excessive load on the Company's services and System, causing any damages and/or losses to the Company, General Organizations, and/or other users, the User shall be held liable for such damages and/or losses based on the Company's damage/loss evaluation.

 

Chapter 8 (User)

Article 1 (Confirmation of User Registration)

1. User registration shall only be processed in the manner, with the registration information and documents that the Company officially specifies or requires, and this process shall be referred by the Company before completion.

2. The Company shall not put any restriction on the User's location and/or nationality.

3. The Company may occasionally disallow an official user registration of certain individuals in its judgment. In such a case, the Company shall not be required to disclose any reason for such a judgment.

 

Article 2 (User Registration Information)

1. The User shall be held responsible for providing their correct, latest, and accurate information ("Personal Information").

2. The Company shall be authorized to request a certain kind of certificates from the User in order to confirm the correct, latest and accurate Personal Information of the User. Should the User disobey the Company's request, the Company may occasionally cancel their user registration.

3. Should the User have any change in Personal Information, the User shall notify the Company without any delay.

4. Should the User be incurred of any damages and/or losses owing to the failure of the preceding covenant, the Company shall not be held responsible for such damages and/or losses.

 

Article 3 (Cancellation of User Registration)

1. Should the User wish to cancel their user registration, the User shall notify the Company in the manner that the Company officially specifies.

2. Should the Company find Personal Information provided by the User wrong, the Company may occasionally cancel their user registration.

3. Should the User deviate from laws and ordinances, good public order and customs, and any article of the Agreement by utilizing the Company's services, the Company may occasionally cancel their user registration.

4. Should a user registration be cancelled, the Company shall be authorized to administer any domain address and services that are under the control of the User.

5. No user registration shall be restored after its cancellation.

 

Article 4 (Administrative Responsibility for ID and Password)

1. As to initiating the Company's services, the User shall be held responsible for using and administering their registered name or number ("ID") and its password.

2. The Company shall be authorized to suspend the User's registered domain and services by cancelling their user registration. The Company shall not be held responsible for damages and/or losses caused to the User thereby.

3. The Company shall not be held responsible for damages and/or losses caused to the User owing to the fact that the User's ID and its password have been misused by a third party, regardless of whether such damages and/or losses have been caused by the User's intention or fault. Should the User have forgotten their password, the User shall notify the Company without any delay and follow the Company's instructions.

In addition, should the User's ID and its password be misused by a third party, the User shall be held responsible for such consequences, and be required to make payments for the services misused.

 

Article 5 (Restraint on Alienation)

Except as admitted by the Company, the User shall not be allowed to alienate their user rights to a third party or permit a third party to use their user rights, sell or buy, transfer, establish the right of pledge, and/or mortgage their user rights without the Company's permission.

Article 6 (The Company's Administration of Personal Information)

The Company shall administer Personal Information provided by domain registrants in accordance with the privacy policy set forth on the Company's website.

 

Chapter 9 (Payment/Deposit)

Article 1 (Payment/Deposit)

1. An amount of money that the User pays the Company shall be registered as Deposit ("Deposit") on the balance sheet in the Company's database.

2. An applicable amount of money shall be deducted from Deposit, as the User utilizes the Company's services.

 

Article 2 (Currency)

Japanese currency (Japanese Yen) or United States currency (US Dollar) shall be applied for the Company's service prices and Deposit.

 

Article 3 (Payment)

1. The User shall be required to make sufficient payments for their desired services in the manner officially specified by the Company before utilizing the services.

2. The User shall pay the Company only by credit card online. In this regard, the type of credit card available to the User shall be specified on the Company's website.

 

Article 4 (Free of Interest/Prohibition on Establishment of the Right of Pledge)

1. Deposit shall be accompanied with no interest.

2. No right of pledge shall be established on Deposit, and no Deposit shall be mortgaged in any manner.

 

Article 5 (Refund)

1. No payment shall be refunded to the User by the Company under any circumstances.

2. Contrary to the preceding covenant, the User may be refunded by the Company provided that the Company admits the validity of the User's refund claim. In this regard, the Company shall not be required to disclose any reason for such a judgment.

3. No refund shall exceed the total amount of Deposit on the balance sheet of the User. The amount of money that has already been withdrawn from Deposit shall not be refunded.

4. Any payment made by credit card online shall be refunded by its credit card company, or through online credit card transactions.

5. This refund procedure shall require the commission fee officially specified by the Company.

 

Chapter 10 (Domain Services)

Article 1 (List of Domain Services)

The Company's domain services shall involve the following items:

• Confirmation of the availability of domain name
• Registration of domain name
• Change of domain name registrar/transfer of domain name
• Domain name renewal
• Deletion of a domain name
• Re-registration of the deleted domain name
• Editing of the registered information of domain name
• Change of name server information
• Name server host registration
• Change of IP address of name server host
• Deletion of name server
• Other services related to the above items

 

Article 2 (Application/Procedure)

1. The use of and/or application for domain services shall be used and/or processed in the manner officially specified by the company subject to payment of the amount officially specified by the Company.

2. The User shall be held responsible for the use of and application for domain services.

 

Article 3 (Domain Name Registration)

1. The Company shall not warrant the availability of the User's requested domain name at any stage of its procedure.

The Company shall not be held responsible for the unavailability of the User's requested domain name.

2. The User shall be held responsible for not violating any legal right of the Company and third parties under their domain name(s).

 

Article 4 (Domain Name Registration)

1. The User shall be required to provide their correct, latest, and accurate information for domain name registration.

2. The User shall agree that their domain name registration information is made available to the public through the database of the General Organizations (Whois database).

3. The Company shall be authorized to change and/or modify any information of the User's domain name registration without the User's permission.

 

Article 5 (Domain Name Renewal etc.)

1. The User shall be required to complete the renewal procedure that the Company officially specifies before the date officially specified by the Company for their domain name renewal.

2. Should the User fail to complete the renewal procedure by the date that the Company officially specifies, such a domain name shall be deleted from the registration list within the time that the General Organizations officially specify. In addition, such a domain name may be deleted under the control of the User despite being within the time that the General Organizations officially specify.

3. In case of general-purpose JP domain(s) (.JP), should the User not complete the renewal procedure in the month, the end of which is the renewal deadline for the domain(s), the Company shall be authorized to make application for deletion of the domain(s) to the JPRS after 25 th of the month.

4. In case of general-purpose JP domain(s) (.JP), domains that expire at the end of the month shall be required to be renewed by P.M. 5:00 (JST) on the last day of the month.

5. The User shall be required to be aware of the valid date of and the deadline for the renewal procedure of a domain name.

6. Should the User or any third party who is authorized to use the User's domain name be incurred of any damages and/or losses owing to the deletion of the domain name, the Company shall not be held responsible for such damages and/or losses caused.

7. The Company shall not be required to take any action to prevent unexpected deletion of a domain name and/or re-register such a domain name.

8. The User may occasionally be able to re-register their deleted domain name(s) after a certain period of time (15 days from start of Suspended mode) from its deletion subject to payment of the amount ($25 USD) officially specified by the Company.

 

Article 6 (Transference of Domain Name From the Company to Other Organizations)

1. The Company shall not be held responsible for domains that are not under the control of the Company or have been removed from the control of the Company.

 

Article 7 (Liability for Domain Name Operation)

1. The User shall be held responsible for operation, use, management, and utilization of domain name that is under the control of the User ("Operation of Domain Name")

2. The User shall be required to be aware of the registered information of their domain name(s) and its registration period.

3. The User shall be held responsible for not violating the Agreement and other laws through the operation of their domain name(s).

4. Should a third party register a domain name that is under the control of the User, the User shall be held responsible for complying with the Agreement and other laws.

In addition to the above, the User shall be deemed to have obtained the third party's approval for the Agreement.

5. Should the Company be unable to contact the User through e-mail and/or telephone, the Company may occasionally contact the domain registrant or individual described in the registration information.

6. The User shall be held responsible for not violating any legal right of the Company and third parties through their domain name operation.

 

Article 8 (Lawsuits Related to Domain Name)

Should the User be involved in a dispute and/or lawsuit brought by a third party over the use of the User's domain name(s), the User shall indemnify the Company and the General Organizations for such a dispute and/or lawsuit and shall not be allowed to implicate the Company and the General Organizations in such a dispute and/or lawsuit.

 

Article 9 (Rejection of Application for Domain Services/Deprivation of Authority)

1. Should the Company acknowledge that any of the below items is applicable to the User, the Company shall be authorized to reject registration application, remove, suspend, abolish, delete, cancel, transfer, modify, or deprive the User's authority over such a domain name.

• The Company acknowledges that User has violated or is likely to violate the Agreement/other laws/General Agreement.
• The Company acknowledges that the Company is likely to receive damages and/or losses.
• The User has applied for registration with false information.
• The User has failed to submit required the documents by the Company which prove that the User's registered information is truly correct by the date officially specified by the Company.
• The User has illegally evaded or is likely to illegally evade payments necessary for maintaining their services.
• The User is likely to violate the dispute-settlement policy.
• The Company acknowledges such treatment is necessary for the Company's system administration.
• Other cases may be applicable in the Company's judgment.

2. The Company shall be authorized to execute any of the above items without any advance notice to the User.

3. Should the User receive any damages and/or losses owing to the execution of any of the above items, the Company and General Organizations shall be deemed to be indemnified for such cases.

 

Article 10 (Termination of Domain Services)

1. Should any one of the below cases occur, the Company shall be authorized to terminate its domain services.

• The Company acknowledges that the Company has had difficulty providing its domain services.
• The General Agreement has expired.
• Other cases may be applicable in the Company's judgment.

2. Should the Company's domain services terminate, the Company shall not refund the payments that have already been made.

 

Article 11 (Contact)

The User shall agree that the Company makes any announcements in the manners specified on the Company's website and/or in any other manners.

 

Article 12 (Governing Law and Judicature)

1. The Agreement shall be governed by and construed accordance with the laws of Japan.

2. Any prosecution related to the Agreement shall be submitted to the exclusive jurisdiction of the Tokyo District Court as the court of first instance.

 

Article 13 (Interpretation of the Agreement)

Should any doubt arise with respect to interpretations of the Agreement, the Company shall be authorized to decide such interpretations with its reasonable judgment.

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The Policy below is the official .JP Domain Dispute Policy provided by the JPRS.

JP Domain Name Dispute Resolution Policy

Art. 1 Purpose

This "JP Domain Name Dispute Resolution Policy" (hereinafter referred to as "the Policy") has been adopted by The Japan Network Information Center (hereinafter referred to as "the Center") and is incorporated by reference into the "Rules on Registration of JP Domain Names in accordance with the Nature (Type of Organizations) or Local Type" and "Rules on the Registration of JP Domain Names for General- purpose" (hereinafter referred to as "the Registration Rules"), which shall be abided by registrants who have registered their domain names at the Center (hereinafter referred to as "the Registrant"). The Policy has determined the conditions in connection with a dispute between the Registrant and any third party over the domain name arising from the registration and the use of domain name registered by the Registrant. Proceedings on JP Domain Name Dispute Resolution under Art. 4 of the Policy shall be conducted according to the "Rules for Procedure of JP Domain Name Dispute Resolution Policy" (hereinafter referred to as "Rules for Procedure") and the selected administrative- dispute-resolution supplemental rules of the dispute-resolution service provider that will be approved by the Center (hereinafter referred to as "the dispute-resolution service provider").

Art. 2 Notice of the Registrant and Violation of Duty of Notice

By applying to register a domain name, or by asking the Center to maintain or renew a domain name registration, the Registrant shall notify the Center of that:

1. the contents of statements made in the Registration Application are complete and accurate;
2. to the best knowledge of the Registrant, the registration of the domain name will not infringe upon or otherwise violate the rights or interests of any third party
3. the Registrant is not registering the domain name for in bad faith (unfair purposes) (purposes of gaining unfair interests, of causing damages to others and other bad faith (unfair purpose.) The same shall apply in the followings.)
4. the Registrant will not knowingly use the domain name in violation of any applicable laws or regulations.

In the event that any of the above is not correct, the Registrant agrees that the domain name may be transferred or cancelled pursuant to the Policy.

Art. 3 Transfers and Cancellations of Domain Name

The Center will transfer or cancel the domain name registration under the following circumstances:

1. Subject to the provisions of Art. 8, the receipt by the Center of written instructions from the Registrant or its authorized agent to take such action;
2. The receipt by the Center of the original (a copy of the original may be acceptable if circumstances require) of an order from a court or arbitration tribunal, in each case of competent jurisdiction, requiring such action; and/or
3. The receipt by the Center of a decision of an Administrative Panel requiring such action in JP Domain Name Dispute Resolution Proceedings to which the Registrant was a party and which was conducted under this Policy or a later version of this Policy adopted by the Center (See Art. 4 (i) and (k) of the Policy below.)

The Center may also cancel or transfer the domain name registration in accordance with the terms of the Registration Rules or other legal requirements. If the transfer has been made, however, the Center will not establish the name server for the domain name unless the qualifications and requirements for registration are satisfied.

Art. 4 JP Domain Name Dispute Resolution Proceeding

This Article sets forth the type of disputes for which the Registrant is required to submit to JP Domain Name Dispute Resolution Proceedings. These proceedings will be conducted before one of the administrative-dispute-resolution service providers listed on the web site of the Center.

a. Applicable Dispute

The Registrant is required to submit to this JP Domain Name Dispute Resolution Proceeding in the event that a third party (hereinafter referred to as "Complainant") asserts to the applicable dispute-resolution service provider, in compliance with the Rules of Procedure, that

1. the domain name of the Registrant is identical or confusingly similar to any mark such as trademark or service mark in which the Complainant has rights or legitimate interests; and
2. the Registrant has no rights or legitimate interests in respect of the domain name registration; and
3. the domain name of the Registrant has been registered or is being used in bad faith (unfair purpose).

In the JP Domain Name Dispute Resolution Proceeding, the Complainant must maintain that each of these three elements is present in the complaint.

b. Proof of Registration or Use in In Bad Faith (Unfair Purpose)

To determine whether or not there are factual elements provided by this Article (a)(iii), the panel of the dispute-resolution service provider shall consider that the registration or use of a domain name is for in bad faith (unfair purpose) if the Panel found especially the following circumstances, in particular but without limitation.

1. circumstances indicating that the Registrant has registered or has acquired the domain name primarily for the purpose of selling, renting, or otherwise transferring the domain name to the Complainant or to a competitor of that Complainant, for valuable consideration in excess of the out-of-pocket costs (amount to be confirmed by documentation) directly related to the domain name; or
2. the Registrant has registered the domain name in order to prevent the Complainant from reflecting any trademarks or other indication in a corresponding domain name, provided that the Registrant has engaged in a plural numbers of such interferance; or
3. the Registrant has registered the domain name primarily for the purpose of disrupting the business of a competitor; or
4. by using the domain name, the Registrant has intentionally attempted to attract, for commercial gain, Internet users to the web site or other on-line location of the Registrant, by intending to make a confusion as to the source, sponsorship, affiliation, or endorsement of the web site or location or of a product or service thereon.

c. How to Demonstrate the Rights to and Legitimate Interests of the Registrant in the Domain Name

When the Registrant receives a complaint, the Registrant should refer to Art. 5 of the Rules of Procedure and submit the response to the dispute-resolution service provider. In order to determine whether or not the factual situation provided by this Article a (ii), if the panel reviewed all evidence presented either by the Complainant or the Registrant and especially found the following circumstance, in particular but without limitation, the Panel shall consider that the Registrant holds the rights or legitimate interests to the domain name:

1. before the Registrant receives any notice of the dispute related to the subject domain name by any third party or the dispute-resolution service provider, the Registrant uses of, or apparently demonstrate preparations to use of, the domain name or a name corresponding thereto, in order to offer of goods or services without any bad faith (unfair purpose); or
2. the Registrant has been commonly known by any name under the domain name, regardless of registration or others by the Registrant of any trademark and other indications.
3. The Registrant is using the domain name for a noncommercial purpose or is making fair use of the domain name, without intent for commercial gain to misleadingly divert consumers by utilizing the trademark and other indications of the Complainant or to tarnish any trademark and other indications of the Complainant.

d. Selection of dispute-resolution service provider

The Complainant shall select the dispute-resolution service provider from among those approved by the Center by submitting the complaint to that dispute-resolution service provider. The selected dispute-resolution service provider shall administer and conduct the JP Domain Name Dispute Resolution Proceeding, except in cases of consolidation as described in this Article (f).

e. Initiation of Proceeding and Process and Appointment of Panel.

The Rules of Procedure state the process for initiating and conducting a proceeding and for appointing the panel that will decide the dispute.

f. Consolidation

In the event of multiple disputes between the same Registrant and the Complainant, either the Registrant or the Complainant may petition to consolidate the disputes before a single panel. This petition shall be made to the first panel appointed to hear a pending dispute between the parties. This panel may consolidate before it any or all such disputes at its sole discretion, provided that the consolidated disputes are governed by this Policy or later versions of this Policy adopted by the Center.

g. Fees

All fees charged by a dispute-resolution service provider in connection with any dispute case before a panel pursuant to this Policy shall be paid by the Complainant, except in cases where the Registrant elects to expand the number of panelist from one to three as provided in Art. 5 of the Rules of Procedure, in which case all the fees will be shared evenly between the parties.

h. The Involvement of the Center in the JP Domain Name Dispute Resolution Proceedings

This Center does not, and will not participate in the administration or conduct of any proceeding before a panel. In addition, the Center will not be liable for the result of any decisions rendered by the panel.

i. Remedies

The remedies available to the Complainant pursuant to any proceeding before a panel shall be limited to requiring the cancellation of the domain name of the Registrant or the transfer of the domain name registration to the Complainant.

j. Notification and Publication

The dispute-resolution service provider shall notify the Center of any decision made by a panel with respect to the domain name. All decisions shall be published in full over the Internet, except when a panel determines in an exceptional case to redact portions of its decision.

k. Availability of Court Proceedings

Either of the parties may submit the dispute to a court before the JP Domain Name Dispute Resolutions Proceeding is commenced, whilst such proceeding is pending or after such proceeding is concluded. Any requirement set forth in this Article shall not prevent the parties from submitting the dispute to a court under this clause. If the panel decides that the domain name registration of the Registrant should be canceled or transferred, the Center will wait ten (10) business days (as observed in the location of the principal office of the Center) after the Center is informed by the applicable dispute-resolution service provider of the Panel's decision before implementing that decision. The Center will then implement the decision unless the Center has received from the Registrant during the ten (10) business day period officially certified copy of document(such as a copy of a complaint, file-stamped by the clerk of the court) that the Registrant has commenced a lawsuit against the Complainant in a jurisdiction to which the Complainant has submitted under Art. 3 (b) (xii) of the Rules of Procedure. (In general, that jurisdiction is either the Tokyo District Court or the location of the address of the Registrant as shown in the domain name's registration data in the Center. See Art. 1 and Art. 3 (b) (xii) of the Rules of Procedure.) If the Center receives such officially certified copy of the document within the ten (10) business day period, the Center will not implement the panel's decision. The Center will take no further action concerning the implementation of the Panel's decision until the Center receives (i)the certified copy of settlement agreement between the parties made in notarized documentation, (ii) the officially certified cop of the petition for withdrawing the action brought by the Registrant and of consent for the withdraw by the Complainant, or (iii) the officially certified copy of a final judgment or the documentation equivalent to it of such court dismissing the lawsuit or ordering that the Registrant does not have the right to continue to use the domain name. Any copy may be submitted instead of the officially certified copy of the document mentioned above.

Art. 5 All Other Disputes and Litigation

All other disputes between the Registrant and the Complainant regarding the domain name registration, which are not brought pursuant to Art. 4 of the JP Domain Name Dispute Resolution Proceeding, shall be resolved between the parties through any court, arbitration or other proceeding that may be available.

Art. 6 The Involvement of the Center in Disputes

The Center will not participate in any way in any dispute between the Registrant and any third party regarding the registration and use of the domain name. The Registrant shall not name the Center as a party or otherwise include the Center in any such proceeding. In the event that the Center is named as a party in any such proceeding, the Center reserves the right to raise any and all defenses deemed appropriate, and to take any other action necessary to defend the Center.

Art. 7 Maintaining the Status Quo

The Center will not transfer, cancel or otherwise change the status of any domain name registration under this Policy except as provided in Art. 3 of this Policy and in the Registration Rules.

Art. 8 Transfers of Domain Name During a Dispute

The Registrant may not transfer the domain name registration to another holder under each of the following conditions.

1. during a pending JP Domain Name Dispute Resolution Proceeding pursuant to Art. 4 or for a period of fifteen (15) business days (as observed in the location of the principal office of the Center) after such proceeding is concluded; or
2. during a pending court proceeding or arbitration 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.

The Center reserves the right to cancel any transfer of a domain name registration to another holder that is made in violation of this Article.

Art. 9 Policy Modifications

The Center reserves the right to modify this Policy at any time. The Center will post the revised Policy at the website of the Center at least thirty (30) calendar days before it becomes effective. When the Proceeding was initiated by the submission of a complaint to the dispute-resolution service provider, the Policy in effect at the time it was invoked will continue to be applied to the proceeding until it is concluded. In the event that the proceeding was not initiated under this Policy, all the changes shall be applied to all JP Domain Name Dispute Resolution Proceeding, whether the dispute arose before, on or after the effective date of the change. In the event that the Registrant objects to a change in this Policy, the sole remedy for the Registrant is to cancel the domain name registration with the Center, provided that the Registrant will not be entitled to a refund of any fees it paid to the Center. The revised Policy will apply to the Registrant until the Registrant completes the cancellation of domain name registration.

Art. 10 Applicable Law in this Policy

All the provisions in this Policy shall be construed in accordance with the laws of Japan. The panel that will conduct dispute resolution under this Policy shall render decisions pursuant to the laws of Japan.

(c)JPNIC/February 2001

Rules for JP Domain Name Dispute Resolution Policy

JP Domain Name Dispute Resolution Proceeding based on "JP Domain Name Dispute Resolution Policy" adopted by Japan Network Information Center (hereinafter referred to as "the Center") shall be conducted in accordance with "Rules for JP Domain Name Dispute Resolution Policy" (hereinafter referred to as "the Rules"), and also with the Supplemental Rules of the dispute-resolution service provider administering the proceedings, as posted on its web site.

Art. 1 Definitions

In these Rules:

1. "Complainant" means the party submitting a complaint concerning JP Domain Name Dispute Resolution Proceedings.
2. "Party" means a Complainant or a Registrant of the domain name in JP Domain Name Dispute Resolution Proceedings.
3. "Provider" means a dispute-resolution service provider certified by the Center. A list of such Providers appears on the web site of the Center.
4. "Panel" means an administrative panel appointed by a Provider in order to review and decide a complaint concerning JP Domain Name Dispute Resolution Proceedings.
5. "Panelist" means an individual appointed by a Provider to be a member of a Panel.
6. "Mutually agreed jurisdiction" means either:
   1. The Tokyo District Court, or
   2. A court of jurisdiction at the location of the address of the Registrant set forth in the domain name's registration record in the Center at the time the Complainant submitted a complaint to the Provider.
7. "Registration Rules" means "Rules for Registration of JP Domain Names according to Nature (Type of Organization) and Locality" and "Rules for Registration of General-purpose JP Domain Name", which prescribe the content of contract between the Center and the Registrant.
8. "Resolution Policy" means the "JP Domain Name Dispute Resolution Policy" that is incorporated by reference and made a part of the Registration Rules.
9. "Business Day" means business days set forth otherwise in Supplemental Rules by the Provider.
10. "Supplemental Rules" means the rules adopted by the Provider administering the JP Domain Name Dispute Resolution Proceeding to supplement these Rules. These Supplemental Rules shall not be inconsistent with the Policy or these Rules, and shall cover such topics as fees, word and page limits and guidelines, the means for communication with the Provider and the Panel, and the form of cover sheets for communication and notification.

Art. 2 Communications

1. When forwarding a complaint to the Registrant, it shall be the Provider's responsibility to employ a reasonably available means calculated to achieve actual notice to Registrant. Achieving actual notice, or employing all the following measures to do so, communications shall be deemed to have been actually achieved.
   1. Sending the complaint to all mail and facsimile addresses of the representative and the person in charge of registration of the registered domain-name holder shown in the domain name's registration data in the Center.
   2. Sending the complaint in electronic form (including annexes to the extent available in that form by e-mail) to all the following addresses
      1. the e-mail address of the person in charge of registration
      2. postmaster@<the contested domain name>
   3. Sending the complaint to any address the Registrant has notified the Provider it prefers and to all other addresses notified to the Provider by the Complainant under Art. 3 (b)(v).
2. Except as provided in the previous paragraph, any written communication to the Complainant or Registrant provided for under these Rules shall be made by the preferred means stated by the Complainant or Registrant, respectively as set forth in Art. 3 (b)(iii) or Art. 5 (b)(iii), or in the absence of such specification by either of the following means.
   1. by facsimile transmission, with a confirmation of transmission; or
   2. by postal service, postage pre-paid and return receipt requested; or
   3. electronically via the Internet, provided that a record of its transmission is available.
3. Any communication from either Party to the Provider or the Panel shall be made by the means and in the manner (including number of copies) stated in the Supplemental Rules.
4. Communication shall be made in the language prescribed in Art. 11. E-mail communications should be sent in plain text.
5. Either Party may update its contact details (including contact person, means, postal address, e-mail address, telephone number and fax number) by notifying the Provider and the Center.
6. Except as otherwise provided in these Rules, or decided by a Panel, all communications provided for under these Rules shall be deemed to have been made on either of the following dates:
   1. if delivered by facsimile transmission, on the date shown on the confirmation of transmission; or
   2. if by postal service, on the date marked on the receipt;
      or
   3. if via the Internet, on the date that the communication was transmitted, provided that the date of transmission is verifiable.
7. Except as otherwise provided in these Rules, all time periods under these Rules shall begin to be reckoned from the earliest date that the communication is deemed to have been made in accordance with the previous paragraph.
8. All the copies of communications shall be sent to the parties concerned as follows;
   1. if from the Panel to either of the Party, to the Provider and the other Party;
   2. if from the Provider to either of the Party, to the other Party; and
   3. if from either Party, to the other Party, the Panel and the Provider, as the case may be.
9. It shall be the responsibility of the sender to retain records of the fact and circumstances of sending, which shall be available for inspection by affected parties and for reporting purposes.

Art. 3 The Complaint

1. Any person or entity, who has a stake in a registered domain name may initiate JP Domain Name Dispute Resolution Proceedings by submitting a complaint in accordance with the Policy and these Rules to any Provider approved by the Center. (Due to capacity constraints or for other reasons, a Provider's ability to accept complaints may be suspended at times. In that event, the Provider shall refuse the submission. The person or entity refused submission may submit the complaint to another Provider.)
2. The complaint shall be submitted in hard copy and in e-mail (except to the extent not available for attached to e-mail as related documents) and shall:
   1. Request that the complaint be submitted for decision in accordance with the Policy and these Rules;
   2. Provide the name, postal and e-mail addresses, and the telephone and fax numbers of the Complainant and of any agent authorized to act for the Complainant in the JP Domain Name Dispute Resolution Proceeding.
   3. Specify a preferred method for communications directed to the Complainant in the JP Domain Name Dispute Resolution Proceeding (including person to be contacted, medium and postal and e-mail address information) for each (A) communication by e-mail and (B) communication by postal service;
   4. Designate whether the Complainant elects to have the dispute decided by a single member or a three member Panel that will decide in the JP Domain Name Dispute Resolution Proceedings, and in the event that the Complainant elects a three member Panel, provide the names and contact details of three candidates to serve as one of the Panelists (these candidates must be drawn from any Center-certified Provider's list of panelists);
   5. Provide the name of the Registrant, the name of office and others, and all information (including any postal and e-mail addresses and telephone and fax numbers) known to the Complainant regarding how to contact the Registrant or any agent of Registrant, including contact information based on pre-complaint dealings of JP Domain Name Dispute Resolution Proceeding, in sufficient detail to allow the Provider to send the complaint as described in Art. 2(a);
   6. Specify the domain name(s) that is / are the subject of the JP Domain Name Dispute Resolution Proceedings;
   7. Identify that the domain name(s) is / are registered with the Center at the time the complaint is filed;
   8. Specify any mark(s) such as trademark(s) and other indication(s) on which the complaint is based, and describe the nature and content of the goods or services, if any, with which the mark or indication is used (the Complainant may also separately describe other goods and services with which it intends, at the time the complaint is submitted, to use the mark in the future);
   9. Describe the grounds and reasons on which the complaint is made including the following three items, in particular,
      1. the manner in which the subject domain name(s) is / are identical or confusingly similar to any trademark and other indication in which the Complainant has rights or legitimate interests; and
      2. why the Registrant should be considered as having no rights or legitimate interests in respect of the subject domain name(s);
      3. why the domain name(s) should be considered as having been registered or being used for in bad faith (unfair purpose). (The description should, for elements (2) and (3) above, discuss any aspects of Art. 4 Paragraph (b) and (c) of the Policy that are applicable. The description shall comply with any word or page limit set forth in the Provider's Supplemental Rules);
   10. Specify, in accordance with the Policy and these Rules, the remedies sought;
   11. Identify any other legal proceedings that have been commenced or terminated in connection with or relating to any of the domain name(s) that is /are the subject of the complaint;
   12. State that the Registrant will submit any challenges to a decision canceling or transferring the domain name, to the jurisdiction of the courts in at least one specified Mutually agreed jurisidicition.
   13. Conclude with the following statement followed by the signature or setting the hands and seals of the Complaint or its authorized agent:
       1. "Complainant agrees that its claims and remedies concerning the registration of the domain name, the dispute, or the dispute's resolution shall be solely against the Registrant and waives all such claims and remedies against (a) the dispute-resolution provider and panelists, (b) the Center, and (c) officers, employees, committee members of the Center and other persons concerned, except in the case of deliberate wrongdoing."
       2. "Complainant certifies that the information contained in this Complaint is to the best of Complainant's knowledge complete and accurate, that this Complaint is not being presented for any improper purpose, such as to harass."
   14. Annex of any documentary or other evidence, including a copy of the Policy applicable to the subject domain name(s) in dispute and any trademark registration upon which the complaint relies, together with a schedule and description indexing such evidence.
   15. Submit proxy (documentation certifying the existence of proxy) if an agent conducts this proceeding,
3. The Complaint may relate to more than one domain, provided that the domain names are registered by the same Registrant.

Art. 4 Service of Process for Complaint

1. The Provider shall review the complaint for compliance with the Policy and these Rules and, if in compliance, shall forward the complaint, together with the explanatory cover sheet prescribed by the Provider's Supplemental Rules to the Registrant, in the manner prescribed by Art. 2 (a) within three (3) business days following receipt of the fees to be paid by the Complainant in accordance with Art. 19.
2. If the Provider finds the complaint to be administratively deficient, it shall promptly notify the Complainant of the nature of the deficiencies identified. The Complainant shall have five (5) business days after the receipt of such notification to correct any such deficiencies. Without any correction during this term, the Complaint will be deemed withdrawn. Provided however, even though the subject complaint is deemed withdrawn, the Complainant may submit a new complaint.
3. The date of commencement of the proceedings shall be the date on which the Provider sends the complaint to the Registrant under Art. 2 (a).
4. The Provider shall immediately notify the Complainant, the Registrant and the Center of the domain name in dispute and the date of commencement of the proceedings.

Art. 5 The Answer

1. Within twenty (20) business days of the date of commencement of the proceeding, the Registrant shall submit a response to the Provider.
2. The answer shall be submitted in hard copy and (except to the extent not available for the attached to e-mail as related documents) in e-mail and shall state the following items:
   1. Responding and rebutting specifically to the statements and allegations contained in the complaint and include any and all reasons or bases for the Registrant to retain registration and use of the disputed domain name (This portion of the answer shall comply with any word or page limit set forth in the Provider's Supplemental Rules);
   2. Providing the name, postal and e-mail addresses, and the telephone and fax numbers of the Registrant and of any agent authorized to act for the Registrant in the JP Domain Name Dispute Resolution Proceedings.
   3. Specifing a preferred method for communication directed to the Registrant in the JP Domain Name Dispute Resolution Proceedings (including the person to be contacted, medium and postal and e-mail address information) for each of (A) sending by e-mail and (B) sending by postal service;
   4. If the Complainant has elected a single member panel in the Complaint (See Art. 3 (c) (vii)), state whether the Registrant elects instead to have the dispute decided by a three member panel;
   5. If either Complainant or Registrant elects a three member Panel, provide the names and contact details of three candidates to serve as one of the Panelists (these candidates must be drawn from any Center-certified Provider's list of panelists);
   6. Identifing any other legal proceedings that have been commenced or terminated in connection with or relating to any of the domain name(s) that is / are the subject of the complaint;
   7. Concluding with the following statement followed by the signature or setting hands and seals of the Registrant or its authorized agent:
      "Registrant certifies that the information contained in this Answer is to the best of Registrant's knowledge complete and accurate, that this Answer is not being presented for any improper purpose, such as to harass."
   8. Annex of any documentary or any other evidence upon which the Registrant relies, together with a schedule and description indexing such documents.
   9. Submit a proxy (documentation certifying the existence of proxy) if an agent conducts the proceeding,
3. If the Complainant has elected to have the dispute decided by a single member Panel and Registrant elects a three member Panel, Registrant shall be required to pay one half of the applicable fee for a three member Panel as set forth in the Provider's Supplemental Rules. This payment shall be made together with the submission of the Answer to the Provider. In the event that the required payment is not made, the dispute shall be decided by a single member Panel.
4. At the request of the Registrant, the Provider may, in exceptional cases, extend the period of time for the filing of the Answer. The period may also be extended by written stipulation between the Parties, provided that the stipulation is approved by the Provider.
5. The Provider shall immediately forward the Answer to the Complainant when it has received the Answer.
6. If a Registrant does not submit a answer, in the absence of exceptional circumstances, the Panel shall decide the dispute based on the complaint.

Art. 6 Appointment of the Panel and Date of Decision

1. Each Provider shall maintain and publish a publicly available list of panelists and their qualifications.
2. If neither the Complainant nor the Registrant has elected a three member Panel (See Art. 3 (b) (iv) and Art. 5 (b) (v)), the Provider shall appoint, within five (5) business days following the receipt of the Answer by the Provider, or the lapse of the time period for the submission thereof, a single Panelist from its list of panelists. The fees for a single member Panel shall be paid entirely by the Complainant.
3. If either the Complainant or the Registrant elects to have the dispute decided by a three member Panel, the Provider shall appoint three Panelists in accordance with the procedures identified in this Article, paragraph (e). The fees for a three member Panel shall be paid in their entirety by the Complaint, except where the election for a three member Panel was made by the Registrant, in which case the applicable fees shall be shared equally between the Parties.
4. If the Complainant selects a three member Panel, but the Registrant chooses a three member Panel, the Complainant shall submit to the Provider, within five (5) business days of sending of a answer in which the Registrant elects a three member Panel, the names and contact details of three candidates to serve as one of the Panelists. These candidates must be drawn from any Center-approved Provider's list of panelist.
5. In the event that either the Complainant or the Registrant elects a three member Panel, the Provider shall endeavor to appoint one Panelist from the list of candidates provided by each of the Complainant and the Registrant. In the event that the Provider is unable within five (5) business days to secure the appointment of a Panelist on its customary terms from either Party's list of candidates, the Provider shall make that appointment from its list of panelists. The third Panelist shall be appointed by the Provider from a list of five candidates submitted by the Provider to the Parties, the Provider's selection from among the five being made in a manner that reasonably balances the preferences of both Parties, as they may specify to the Provider within five (5) business days of the Provider's submission of the five-candidate list to the Parties.
6. Once the entire Panel is appointed, the Provider shall notify the Parties and the Center of the Panelists appointed and the date by which, except in exceptional circumstances, the Panel shall render its decision on the complaint to the Provider.

Art. 7 Impartiality and Independence

A Panelist shall be impartial and independent, and shall have, before accepting appointment, disclosed to the Provider any circumstances giving rise to justifiable doubt as to the Panelist's impartiality or independence. If, at any stage during the proceeding, new circumstances arise that could give rise to justifiable doubt as to the impartiality or independence of the Panelist, that Panelist shall promptly disclose such circumstances to the Provider. In such event, the Provider shall have the discretion to appoint a substitute Panelist.

Art. 8 Communication between Parties and the Panel

No Party or anyone acting on its behalf may have any unilateral communication with the Panel. All communications between a Party and the Panel shall be made to a secretariat or a case administrator appointed by the Provider in the manner prescribed in the Provider's Supplemental Rules.

Art. 9 Transmission of the File to the Panel

The Provider shall forward the file to the Panel as soon as the Panelist is appointed (or as soon as the last Panelist is appointed in the case of a three member Panel).

Art. 10 General Powers of the Panel

1. The Panel shall conduct the proceeding in such a manner as it considers appropriate in accordance with the Policy and these Rules.
2. In all cases, the Panel shall make an effort to ensure that the Parties are treated with equality and that each party is given a fair opportunity to present its position.
3. The Panel shall promptly handle the JP Domain Name Dispute Resolution Proceeding. It may, at the request of a Party or on its own determination, extend, in exceptional cases with special situation, a period of time fixed by these Rules or by the Panel.
4. The Panel shall determine the admissibility, relevance and weight of the evidence.
5. The Panel shall decide a request by a Party to consolidate multiple domain name disputes in accordance with the Policy and these Rules.

Art. 11 Language of Proceedings

1. The language of the Proceedings shall be Japanese, subject to the authority of the Panel to determine otherwise, having regard to the circumstances of the proceeding.
2. The Panel may order that any documents submitted in any language other than the language of the proceeding be accompanied by a translation in whole or in part into the language of the Proceedings.

Art. 12 Further Statements or Documents

In addition to the Complaint and the Answer, the Panel may request, at its sole discretion, further statements or documents from either of the Parties.

Art. 13 Hearings to the Parties

There shall be no hearings to the Parties (including hearings by teleconference, videoconference, and web conference). Provided however, the Panel may determine, at its sole discretion and in an exceptional matter with special situation, to proceed such a hearing necessary for deciding the complaint.

Art. 14 Default

1. In the event that a Party, excluding exceptional circumstances, does not comply with any of the time periods established by these Rules or by the Panel, the Panel shall proceed to a decision on the complaint.
2. If a Party, excluding exceptional circumstance, does not comply with any provision of, or requirement under these Rules or any request from the Panel, the Panel shall render their decision as it considers appropriate.

Art. 15 Panel Decisions

1. The Panel shall decide a complaint that it deems applicable on the basis of the statements and documents submitted and the results of hearings, and in accordance with the Policy, these Rules and provisions or principles of related law, and reasons.
2. In the absence of exceptional circumstances, the Panel shall forward its decision on the complaint to the Provider within fourteen (14) business days of its appointment pursuant to Art. 6.
3. In the case of a three member Panel, the Panel's decision shall be made by a majority.
4. The Panel's decision shall be in writing, provide the content of decision and its reasons on which it is based, indicate the date on which it was rendered and identify the name(s) of the Panelist(s) with the signature or setting the names and seals of the Panelist(s).
5. Panel decisions and dissenting opinions shall normally comply with the word limits set forth in the Provider's Supplemental Rules. Any dissenting opinion shall accompany the majority decision. If the Panel concludes that the dispute is not within the scope of Art. 4 (a) of the Policy, it shall so state. If the Panel finds that the submissions of complaint was brought with in bad faith (unfair purpose), for example, in an attempt to deprive the Registrant of the domain name or primarily to harass the Registrant, the Panel shall declare in its decision that the complaint was brought for in bad faith (unfair purpose) and constitutes an abuse of the JP Domain Name Dispute Resolution Proceedings.

Art. 16 Notification of Decision to Parties

1. Within three (3) business days after receiving the decision from the Panel, the Provider shall notify the full text of the decision to each Party and the Center. The Center shall immediately communicate to each Party and the Provider the date for the implementation of the decision (the date between 11th and 15th day from the communication of the decision (as observed in the location of the principal office of the Center)) in accordance with the Policy.
2. Except where the Panel determines otherwise (See Art. 4 (j) of the Policy), the Provider shall publish the full decision and the date of its implementation on a publicly accessible web site. In any event, the portion of any decision determining a complaint to have been brought for in bad faith (unfair purpose) (see Art. 15 (e) of these Rules) shall be published.

Art. 17 Withdrawal, Settlement or Other Grounds for Termination

1. The Complainant may, before the decision of the Panel is rendered, withdraw the Complaint, provided that after the submission of the Response, the consent of the Registrant shall be obtained.
2. If the Complaint was withdrawn under the previous paragraph, or the Parties agree on a settlement before the Panel's decision, the Panel shall terminate the Proceedings.
3. If, before the Panel's decision is made, it becomes unnecessary or impossible to continue the Proceedings for any reason, the Panel shall terminate the Proceedings, unless a Party raises justifiable grounds for objection within a period of time determined by the Panel.

Art. 18 Effect of Court Proceedings

1. In the event that any legal proceeding is initiated prior to or during the JP Domain Name Dispute Resolution Proceedings in respect of a domain-name dispute that is the subject of the complaint, the Panel shall have the discretion to decide whether to suspend or terminate the JP Domain Name Dispute Resolution Proceedings, or to proceed to a decision.
2. In the event that a Party initiates any legal proceeding during the pending of the JP Domain Name Dispute Resolution Proceedings in respect of a domain-name dispute that is the subject of the complaint, the Party shall promptly notify the Provider, and the Panel pursuant to the manners prescribed in Art. 8 above.

Art. 19 Fees

1. The Complainant shall pay to the Provider a fee, in accordance with the Provider's Supplemental Rules, within the time and in the amount required. A Registrant electing under Art. 5 (b) (iv) to have the dispute decided by a three member Panel, rather than the single member Panel elected by the Complainant, shall pay the Provider one half of the fee for a three member Panel (see Art. 5 (c)). In all other cases besides the above case, the Complainant shall bear all of the Provider's fees, except as prescribed under Paragraph (d) of this Article. Upon and after the appointment of the Panel, the Provider shall request the payment of additional fees or refund the appropriate portion, if any, of the fee to the Complainant, as specified in the Provider's Supplemental Rules.
2. No action shall be taken by the Provider on a complaint until it has received from the Complainant the fee in accordance with the previous paragraph.
3. If the Provider has not received the fee within ten (10) business days of receiving the complaint, the complaint shall be deemed withdrawn and the Proceeding shall be terminated.
4. In exceptional circumstances, for example, in the event that a hearing is held, the Provider shall request the Parties for the payment of additional fees, which shall be established in agreement with the Parties and the Panel.
5. The Complainant, having been rendered the decision of transferring the registration, shall pay the registration fee in accordance with the Registration Rules upon applying the registration of the domain name's transfer.

Art. 20 Exclusion of Liability

Except in the case of deliberate wrongdoing, neither the Provider nor a Panelist shall be liable to a Party for any act or omission in connection with any administrative proceeding under these Rules.

Art. 21 Amendments

The Center reserves the right to amend these Rules at any time. The Center shall publish the latest version of these Rules on the web site of the Center at least thirty (30) calendar days before the effective date of the revised Rules. The version of these Rules in effect at the time of the submission of the complaint to the Provider shall apply to the JP Domain Name Dispute Proceedings commenced thereby.

(c)JPNIC/February 2001

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