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Regulation of dispute resolution policy for .MX domain names (the "Regulation")
 

The dispute resolution policy for .MX domain names (LDRP) should be governed by this Regulation and the Provider's Supplemental Rules to administer the procedure, as stated on its website.

I. GENERAL PROVISIONS

Article 1
Definitions

In this Regulation it means by:

Group of experts: To the group of people learned in the field and appointed by a provider to resolve a dispute resolution request on domain names.

Petitioner: To the party filing a request for the resolution of a domain name dispute in accordance with the dispute resolution policy for .MX domain names (LDRP).

Jurisdiction: To the location of the main office of the Registry .MX.

Applicable policy: The General Policies of the Registry .MX, Dispute Resolution Policy for .MX Domain Names, as well as principles and norms related to domain names disputes.

Domain Name: Represents a common identifier to a group of computers or devices connected to the network. It is a simple Internet address designed to allow users to easily locate Websites. A domain name registered before the Registry .MX

Member of the group of experts: To the person appointed by the provider to join the group of experts.

Party: To the petitioner or holder.

Applicable Law: The law that is in force in the United Mexican States at the time of filing the request for a dispute resolution, and which results applicable to the case.

Provider: A dispute resolution service provider that has the authorization of the Registry .MX to administrate disputes concerning top level .MX domain names.

Registry Agreement: The acceptance and knowledge of the General Policies of the Registry. MX by the holder of a domain name registered in the top level domain .MX

Holder: The owner of a domain name and against whom an application for cancellation of registration or transfer of ownership of a .MX domain name.

Supplemental Rules: The rules adopted by the provider administering a procedure that supplement these regulations. The additional rules will be compatible with the applicable policy or this regulation, and will cover issues such as the limitations and guidelines in the field of words and pages, the form of communication with the provider and the presentation of the covers.

Article 2

Communications

  1. When electronically forwarding a request for a dispute resolution relative to domain names to the holder, it will be responsibility of the provider to employ reasonably means they deem necessary to accomplish that the holder receives the notification. This requirement is fulfilled when:

    1. The dispute resolution relative to domain names is sent (including attachments) by email to:

      1. The email addresses registered in the Registry's .MX "Whois" database, corresponding the domain name holder, in other words, the Registrant;
      2. The email address of the mail system administrator for this domain name, usually the "postmaster" account under the domain name subject to the dispute resolution request relative to domain names, this just in case the email accounts referred in the previous paragraph, submit a problem;

    2. The dispute resolution request relative to domain names is sent to any email address that the petitioner had notified the provider as preferred, and as far as possible, to all other email addresses provided by the petitioner to the supplier under the article 3.B.v.

  2. Subject to the provisions of Article 2.A, any written communication to the petitioner or owner under this Regulation should be effected electronically via Internet.
  3. Any communication to the supplier or the group of experts will be made in the way and manner stated in the Provider's Supplemental Rules.
  4. The communications should be made in the language prescribed in Article 13.A and 13.B. When possible, email communications should be sent in plain language.
  5. Any party may update their contact data, notifying it to the supplier and the Registry .MX
  6. Subject to the forecasted in this Regulation or the resolution of a group of experts, it would be deemed to have made the communications stated under this Regulation:

    1. If they have been transmitted by facsimile or telecopy, on the date stated on the confirmation of transmission; or
    2. If they have sent it by mail or courier, on the date marked on the receipt; or
    3. If they have transmitted it via Internet/email, on the date on which the communication was transmitted, as long as the date of the transmission is verifiable.

  7. Subject to the forecasted in this Regulation, all the time calculated under this Regulation from the time when a communication is made, it should commence from the earliest date that it was deemed to have been effected the communication under Article 2.F.
  8. It will be sent a copy of any communication made:

    1. By a group of experts to any party, to the supplier and the other party;
    2. By the provider to any party, and the other party; and
    3. By one party, to the other party, to the group of experts and the supplier, as the case may be.

  9. It will be the responsibility of the sender to retain the registration of the communication of the fact as well as the circumstances of the shipment, which must be available for inspection by the interested parties and for reporting purposes.
  10. In the event that the party that sends the communication, receives notification that it has not been received, the party would immediately notify the group of experts (or, if it has not been appointed a group of experts, to the supplier) under the circumstances of the notification. Other procedures relative to the communication and any response will be made in accordance with the established by the group of experts (or the supplier).

II. Start of the Procedure

Dispute resolution request for domain names

Article 3

  1. Any person or entity may initiate a dispute resolution by filing a dispute resolution request relative to domain names to the supplier with authorization of the Registry .MX (as shown in ANNEX A of the Dispute Resolution Policy for .MX domain names) in accordance with the General Policies of the Registry .MX, Dispute Resolution Policy for .MX domain names (LDRP) and this Regulation.
  2. The dispute resolution relative to domain names will be submitted electronically, and in it, it should:

    1. Solicit that the request be submitted to a group of experts for its resolution with accordance with the Dispute Resolution Policy for .MX domain names (LDRP) and this Regulation;
    2. Provide the names, addresses and email addresses, and phone numbers and the facsimiles of the holder and the petitioner, as well as any representative of the petitioner;
    3. Specify the preferred method to effectuate the communications addressed to the petitioner in the Dispute resolution policy for .MX domain names (including the person with which is necessary to get in contact with, the mean and the information on the address);
    4. Designate if the petitioner opts for the Dispute to be resolved by a group of experts integrated by a single member or of three members and, if the petitioner opts for a group of experts integrated by three members, provide the names of three candidates that could serve as members of the expert group and the data to contact them (these candidates may be selected from any list of experts of any supplier with authorization of the Registry .MX);
    5. Provide the name of the domain name holder and all the information (including any address and email, as well as the phone numbers and telefacsimile numbers) known by the petitioner in order to get in contact with the holder or any representative of the holder, including the information based on previous relationships to the request for a dispute resolution relative to domain names to establish contact with them, in sufficient detail to allow the supplier to submit the dispute resolution request relative to domain names as described in Article 2.A; In case of requiring this information please contact us via email at legal@nic.mx.
    6. Specify the domain name or names covered by the dispute resolution request relative to domain names;
    7. Specify the brand or product trademarks or service marks, registered trade announcement, appellation of origin or reservation of rights in the underlying dispute resolution request relative to domain names and for each trademark, registered trade announcement, appellation of origin or reservation of rights, describing the products or services or legally protected interest, if any, with which they are used (the petitioner may also separately describe other goods and services which, when it is presented the dispute resolution request relative to domain names, intends to use those names in the future);
    8. Describe, in accordance with the Dispute resolution policy for .MX domain names (LDRP), the grounds on which the application is based for the dispute resolution relative to domain names; included in particular:

      1. The way in which the name or domain names are identical or similar to the point of creating confusion with a trademark or registered service, registered trade announcement, appellation of origin or reservation of rights on which the petitioner has rights; and
      2. The reasons of why it should be noted that the holder has no rights or legitimate interests over the domain name, or domain names subject to the dispute resolution request relative to domain names; and
      3. The reasons of why it should be noted that the domain name or names have been registered or used in bad faith.

        (Para el caso de los artículos 3.B.viii.2 y 3.B.viii.3, la descripción deberá incluir la examinación de cualquier aspecto establecido de los numerales 1.b y 1.c de la Política de solución de controversias en materia de Nombres de Dominio para .MX (LDRP). La descripción deberá satisfacer cualquier límite de palabras o de páginas establecida en el Reglamento Adicional del Proveedor);

    9. Specify, in accordance with the policy, the effects that can be obtained;
    10. Notify about any procedure that has been started or ended in relation to a name or domain names subject to the dispute resolution request relative to domain names;
    11. Declare that it has been sent or transmitted to the holder of the domain name in accordance with Article 2.B, an electronic copy of the dispute resolution policy relative to domain names, along with the cover, as prescribed by the Provider's Supplemental Rules;
    12. Declare that the petitioner will be subject to any effect of the decision taken in accordance with the Dispute resolution policy for .MX domain names and applicable policy about the registration cancellation or transfer of ownership of the name name;
    13. Conclude with the declaration referred below, followed by the signature of the petitioner or of his authorized representative:

      "The petitioner acknowledges that the dispute resolution request relative to domain names that raises and what it requests in connection with the domain name registration will affect only the holder of the domain name and waives thereof to: a) the dispute resolution provider and the members of the group of experts, except in case of deliberate infringement; b) the Registry .MX, as well as their directos, representatives, employees and agents.

      The petitioner certifies and assures that the information contained in the dispute resolution request relative to domain names is complete and accurate, that this dispute resolution request relative to domain names is not being presented for any improper purpose, such as to harass, that the assertions are based on these rules, as it now exists or as it may be extended by a reasonable argument in good faith"

    14. Attach any evidence, included a copy of the registration agreement and the dispute resolution policy for .MX domain names (LDRP), on which the dispute resolution request relative to domain names is based on, along with a list of those documents;
    15. The Dispute resolution request relative to domain names may compromise more than one domain name, as long as that the domain names were registered by the same holder.
    16. The Dispute resolution request relative to domain names will be sent to the supplier in accordance with Article 2.).

Notifications made by the supplier after the submission of the Dispute resolution request relative to domain names

Article 4

  1. The provider should review the dispute resolution request relative to domain names in order to determine if it complies with the provisions of the dispute resolution policy for .MX domain names (LDRP) and this Regulation, and if so, he would forward the dispute resolution request relative to domain names (along with the explanatory cover prescribed by the Provider's Supplemental Rules) electronically to the holder, in the manner prescribed by Article 2.A, within a three (3) calendar days period from the reception of the fees which the petitioner must pay in accordance with Article 22.
  2. If the provider determines that the dispute resolution request relative to domain names does not meet the requirements set forth in these regulations, it should immediately notify the petitioner and the holder of such defaults. The petitioner should have five (5) calendar days to correct any default, after which the application is deemed to withdrawn the dispute resolution request relative to domain names, without prejudice to the petitioner to submit a different dispute resolution request relative to domain names.
  3. The date that the dispute resolution request relative to domain names started, will be the date in which the provider completes its responsibilities under virtue of article 2.A in relation with sending the dispute resolution request relative to domain names to the holder.
  4. The provider will notify the holder, the petitioner and the Registry .MX, the date when the procedure started.

Written Response

Article 5

  1. Within twenty (20) days from the date of initiation of the dispute resolution policy procedure, the holder should submit to the provider a written response.
  2. The written response will be submitted in electronic form and it should:

    1. Respond specifically to the statements and allegations contained in the dispute resolution request relative to domain names and include all the reasons why the domain name holder should retain the registration and use of the domain name subject to dispute (this part of the response should comply with any limitation set for words or pages in the Provider's Supplemental Rules);
    2. Provide the name, address and email address, and the phone numbers and the telefacsimile numbers of the domain name holder, and of any representative authorized to act on behalf of the holder in the procedure;
    3. Specify the preferred method to effectuate the communications addressed to the holder in the procedure (including the person with which is necessary to get in contact with, the mean and the information on the address);
    4. If the petitioner has chosen in the dispute resolution request relative to domain names for a group of experts composed by a single member (see Article 3.B.iv), and state whether the holder chooses instead to have the dispute decided by a group of experts consisting of three members;
    5. If the petitioner or the holder opts for a group of experts composed of three members, provide the name of three candidates that could serve as members of the group of experts and the data to contact them (these candidates may be selected from any list of experts of any provider authorized by the Registry .MX);
    6. Identify any procedure that have been started and terminated in relation to any of the domain names subject to the dispute resolution request relative to domain names;
    7. Declare that it has been sent or transmitted to the petitioner a written copy of the response, in accordance with Article 2.B; and
    8. Conclude that with the declaration referred to below, followed by the signature of the holder or his authorized representative:

      "The holder certifies and assures that the information contained in this response, is to the best of his knowledge, complete and accurate, that this response is not being presented for any improper purpose, such as creating obstacles, and that the assertions in this response are warranted under these Rules and the applicable law, as it now exists or as it may be extended by a reasonable argument and in good faith"; and

    9. Attach all type of documentary evidence in which the written response is based on, along with a list of those documents.

  3. If the petitioner has chosen to have the dispute be decided by a group of experts consisting of a single member and the holder chooses a group of experts of three members, the holder must pay half of the fee for the group of experts consisting in three members as defined in the Provider's Supplemental Rules. Payment will be made with the shipment of the written response to the provider. In case, that the required payment is not made, the group of experts composed by one single member, would decide the dispute. do en el Reglamento Adicional del proveedor. El pago se efectuará junto con el envío del escrito de contestación al proveedor. En caso de que no se efectúe el pago exigido, un grupo de expertos compuesto de un único miembro resolverá la controversia.
  4. On request of the holder, the provider may, in exceptional cases, extend the period for filing the written response. The period may also be extended by written stipulation of the parties, as long as the provider approves it.
  5. If the holder does not present a written response, as long as no exceptional circumstances exist, the group of experts will resolve the dispute based on the dispute resolution request relative to domain names.

Exemption of liability

Article 6

Except in case of negligence, neither the Registry .MX, neither the provider, nor a member of the group of experts should be liable before any party for all acts or omission in connection with any procedure under this Regulation.

Modifications

Article 7

The version of this regulation which is in effect at the time of filing the dispute resolution request relative to domain names will apply to the procedure initiated in that way. Any changes or updates to the regulations will be published with a notice of fifteen (15) days at the Registry .MX website: http://www.registry.mx, so that the holder could reveal what suits his interests. Once the respite lapsed the previous holder will be obliged under this new regulation, without requiring that the Registry .MX perform any other publication or notice.

III. Group of Experts

Appointment of the group of experts

Article 8

  1. The provider should maintain and publish a list of members of the group of experts and their profesional qualifications, which will be available to the public.
  2. If the holder and the petitioner have not chosen a group of experts consisting of three members (Article 3.B.iv and 5.B.iv), the provider will appoint, within five (5) calendar days from the reception of the written response, or once the granted period has elapsed, and a single member of the group of experts is among their experts list. The fees for this group of experts composed by only one member should be paid in full by the petitioner.
  3. If the petitioner or the holder opts for the dispute to be resolved by a group of experts composed of three members, the provider will appoint three experts to serve on the expert group in accordance with the procedure established in Article 8.E. The fees of the expert group composed by three members will be paid in full by the petitioner, except when the holder has opted for the expert group to be composed of three members, in which case the applicable fees will be shared equally by the parties.
  4. Unless it has already been chosen a group of experts composed by three members, the petitioner will submit to the provider, within five (5) calendar days from the communication of a written response that the holder opts for a group of experts composed by three members that could serve as members of the group of experts, and the data in order to establish contact with them.
  5. In case that the petitioner or the holder opts for a group of experts composed by three members, the provider will seek to appoint a member of the group of experts from the lists of candidates provided by the petitioner and the holder. If the provider is unable to make the appointment of a member of the group of experts under normal conditions from the list of candidates of either party, he would make the appointment from his list of experts. The third member of the group of experts will be appointed by the provider from a list of five candidates submitted by the provider to the parties, and the provider will select one of the five candidates so as to keep a balance between the preferences of both parties, as it may indicate to the provider within five (5) calendar days from the issuance by the provider to the parties of the list of five candidates.
  6. Once it has been appointed all the members of the expert group, the provider will notify to the parties the members of the expert group which were appointed and the date by which, without existing any exceptional circumstances, the group of experts will send to the provider the decision taken.

Impartiality and independence

Article 9

Every member of the group of experts will be impartial and independent, and before accepting the appointment would have disclosed to the provider and the parties any circumstance which might give rise to justifiable doubt about the impartiality or the independence of each member, or would have confirmed in writing that there are no such circumstances. If at any point in the procedure new circumstances arise that might give rise to justifiable doubt it will promptly disclose such circumstances to the provider. In this case, the provider will be entitled to appoint a substitute member of the group of experts.

Communication between the parties and the group of experts

Article 10

No party or anyone acting on its behalf may have any unilateral communication with the group of experts. All communications between a party and the group of experts or the provider will be made to an administrator appointed by the provider in the manner prescribed in the Provider's Supplemental Rules.

IV. Procedure Development

Transmission of the record to the group of experts

Article 11

The provider will send the record to the group of experts as when appointed as a member of the group of experts, in the case that a group of experts composed by a single member, or be appointed as the last member of the group, in the case of a group of experts composed by three members.

General Powers of the group of experts

Article 12

  1. The group of experts will carry out the dispute resolution procedure in the manner it deems appropiate under the Applicable policy of dispute resolution (LDRP) and this Regulation.
  2. In all cases, the group of experts will ensure that the parties are treated equally and that each party is given a fair opportunity to present its case.
  3. The group of experts will ensure that the dispute resolution procedure is carried out with due diligence. At the request of a party or in its own initiative, it could extend in exceptional cases a fixed period by these Rules or by the group of experts.
  4. The group of experts will determine the admissibility, relevance, materiality and weight of the evidence.
  5. The group of experts will decide upon the request of a party seeking to consolidate multiple disputes concerning domain names in accordance with the Applicable policy and these Rules.

Language of the Procedures

Article 13

  1. Unless the parties decide otherwise, the language of the procedure will be in Spanish, subject to the authority of the group of experts to determine otherwise, having regard on the circumstances of the case.
  2. The group of experts may require that the documents submitted in languages other than the language of the dispute resolution procedure go accompanied by a translation in whole or in part in the language of the dispute resolution procedure.

Otras statements

Article 14

In addition to the dispute resolution request relative to domain names and the written response, the group of experts, using their faculties, may allow or require further statements from the parties.

Hearings

Article 15

There will no be hearings (including hearings by teleconference, videoconference and web conference), unless the group of experts determines, using its exclusive faculties and in an exceptional manner, it is necessary to conduct a hearing in order to resolve the dispute.

Failure to comply

Article 16

  1. In case that a holder, without existing any exceptional circumstances, does not present its written response in accordance with this Regulation, the group of experts will adopt a resolution regarding the dispute resolution request relative to domain names.
  2. The group of experts will also adopt a resolution regarding the dispute resolution request relative to domain names in case that a party, with no exceptional circumstances, does not respect any of the deadlines established by this Regulation or the group of experts.
  3. If a party, with no exceptional circumstances, violates any provision or requirement under these Rules or any request from the group of experts, the latter will draw the inferences it deems appropriate.

Termination of the procedure

Article 17

When reasonably possible and as long as it is satisfiable for all the parties to have had a fair and equal opportunity to present its case, the group of experts will declare the closure of the dispute resolution procedure no later than then (10) days after the date of his appointment.

Disclaimer

Article 18

It will be estimated that a party has waived its right to claim when he knows or should have known that he has not complied with any provision or requirement under this Regulation, or any instruction of the group of experts, and that in spite of this proceeds with diligence a claim in respect of such failure.

V. RESOLUTIONS

Applicable policy

Article 19

The group of experts will resolve the dispute resolution request relative to domain names in accordance with the applicable policy, this Regulation, as well as the rules and the law principles which deems applicable.

Form and notification of resolutions

Article 20

  1. The resolution will be forwarded to the provider, when reasonably possible, within seven (7) days from the closure of the dispute resolution procedure.
  2. In the resolution it will specify the date in which it took effect, the reasons on which it relied on and it will be signed digitally or in writting. The group of experts may consult the provider on issues relating the resolution.
  3. As soon as possible, once the group of experts has forwarded the resolution to the provider, this will communicate it to each party and the Registrars and the Registry .MX for carrying out its execution.
  4. Unless the group of experts determine otherwise, the provider will publish the resolution in a website accessible by the public.

Withdrawal the dispute resolution request relative to domain names by agreement between the parties or other grounds for termination

Article 21

  1. If the parties reach an agreement before adopting the decision of the group of experts, the latter will terminate the dispute resolution procedure, after joint request of the parties, will inscribe the agreement in form of the agreed decision, which will be signed by the group of experts and by the parties. The group of experts will not be obliged to give the reasons for the resolution.
  2. If the continuance of the procedure is unnecessary or impossible for any reason not mentioned in paragraph a) before adopting the resolution of the group of experts, the latter will be empowered to dictate a resolution that could terminate the dispute resolution procedure, unless a party raises justifiable grounds (to the perspective of the group of experts) for objection within a period specified by the group of experts.

VI. Rates and Fees

Fees

Article 22

  1. The dispute resolution request relative to domain names will be subject to a payment by the petitioner's behalf to the provider of a fixed administrative charge in accordance with the rates published by the provider that is in force at the time of filing the dispute resolution request relative to domain names (see references of each of the dispute resolution providers that are listed in Annex A of the Dispute resolution policy for .MX domain names ).
  2. The rate will consist of:

    1. The rate of the provider, which may not be reimbursed; and
    2. A payable fee to the group of experts which will not be refunded after the appointment of that group.

  3. The provider will not take any action in respect of the dispute resolution requests relative to domain names until he has received the rate A).
  4. If the provider has not received the administrative fee within seven (7) days from the receipt of thedispute resolution request relative to domain names, he would send a payment reminder to the petitioner.
  5. In case that the provider has not yet received the payment of the administrative fee within seven (7) days from the issuance of such reminder, it will be deemed to withdrawn the dispute resolution request relative to domain names.

The English version of this document has no legal value, it is provided solely as a means to facilitate the reading and understanding of the Spanish version, it is not a substitute to the legal validity of the Spanish version. In case of any controversy, the text in the Spanish version shall in all cases apply.
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