All .nyc registrants shall be required to provide a valid New York City physical address as set forth in the .nyc Nexus Policy. The failure of the Registrant to provide a valid New York City physical address in compliance with the .nyc Nexus Policy shall result in the denial of the registration for the applicable domain name.
Registry Spot Checks and Enforcement for Continuing Compliance with Nexus Requirements
In addition, the Registry Operator will: (i) institute a post-registration random Nexus spot check process as well as (ii) investigate specific complaints received from interested third parties.
In the event that the Registry Operator determines that a registrant has not met the Nexus Policy, the Registrant’s domain name(s) shall be locked (preventing the domain name from being updated or transferred). An email shall be sent to the Registrant requiring it to submit evidence that it is in fact compliant with the Nexus Policy.
Under this process, the only remedy available is the deletion of the domain name. Domain names will not be transferred to any third-party complainant that avails itself of this process.
Third-Party Independent-Dispute Process
In addition to the Registry spot checks and enforcement actions in response to third-party complaints, a third party may challenge a Registrant’s compliance with .nyc Nexus Policy by utilizing the third-party challenge mechanism called the .nyc Nexus Dispute Resolution Policy that provides a legal and policy framework for resolution of any such dispute. A complainant may choose to do this for a variety of reasons, including, but not limited to:
If a Nexus dispute is initiated pursuant to the .nyc Nexus Dispute Resolution Policy, it may be submitted to an approved Nexus Dispute Resolution Service Provider. The approved Nexus Dispute Resolution Service Provider must follow the .nyc Nexus Dispute Resolution Policy and the document, Rules for Nexus Dispute Policy (collectively referred to as the “NDRP”), but may also add its own supplemental rules so long as such rules do not conflict with the NDRP. The Rules for Nexus Dispute Policy are located at www.ownit.nyc.
This Nexus Dispute Policy (the “Policy”) has been adopted by the .nyc Registry , and approved by the City of New York (“City”). It is incorporated by reference into the .nycTLD Registration Agreement, and sets forth the terms and conditions in connection with a dispute between you (as the registrant) and any party other than us (as the registrar) or the registry administrator for the .nycTLD (as the “Registry”) over the registration and use of an Internet domain name registered by you in violation of the Nexus Requirements set forth at www.ownit.nyc/policies Proceedings under Paragraph 3 of this Policy will be conducted according to the Rules for the nycTLD Nexus Dispute Resolution Policy (the “Rules”).
By applying to register a domain name, registering a domain name, or by asking us to maintain or renew a domain name registration, you hereby represent and warrant to us that: (a) the statements that you made in your nycTLD Registration Agreement are complete and accurate; (b) you are not registering the domain name for an unlawful purpose; and (c) you will not knowingly use the domain name in violation of any applicable laws or regulations. It is your responsibility to determine whether your domain name registration is in compliance with the nycTLD Registration Agreement.
Mandatory Administrative Proceeding
You are required to submit to a mandatory administrative proceeding in the event that a third party (a “Complainant”) asserts to the dispute provider (“Provider”), in compliance with the Rules, that your domain name has been registered or is being used in violation of the Nexus Requirements.
All Other Disputes and Litigation
All other disputes between you and any party other than us regarding your domain name registration that are not brought pursuant to the mandatory administrative proceeding provisions of Paragraph 3 shall be resolved between you and such other party through any court, arbitration or other proceeding that may be available.
Our Involvement in Disputes
We will not participate in any way in any dispute between you and any party other than us regarding the registration and use of your domain name. You shall not name us as a party or otherwise include us in any such proceeding. In the event that we are named as a party in any such proceeding, we reserve the right to raise any and all defenses deemed appropriate, and to take any other action necessary to defend ourselves.
Maintaining the Status Quo
We will not cancel, activate, deactivate, or otherwise change the status of any domain name registration pursuant to an action brought under this Policy except as provided in Paragraph 3 above.
Transfers During a Dispute
We reserve the right to modify this Policy at any time, subject to City of New York approval. We will post our revised Policy at www.ownit.nyc at least thirty(30) calendar days before it becomes effective. Unless this Policy has already been invoked by the submission of a complaint to the Provider, in which event the version of the Policy in effect at the time it was invoked will apply to you until the dispute is over, all such changes will be binding upon you with respect to any domain name registration dispute, whether the dispute arose before, on or after the effective date of the change. In the event that you object to a change in this Policy, your sole remedy is to cancel your domain name registration with us, provided that you will not be entitled to a refund of any fees you paid to us. The revised Policy will apply to you until you cancel your domain name registration.
Administrative proceedings for the resolution of disputes under the Nexus Dispute Resolution Policy adopted by the .nyc Registry shall be governed by these Rules and also the Supplemental Rules of the Provider administering the proceedings, as posted on its web site. To the extent that the Supplemental Rules of any Provider conflict with these Rules, these Rules supercede.
In these Rules:
“Complainant” means the person or entity initiating a complaint concerning a domain name registration.
“City” refers to the City of New York.
“Mutual Jurisdiction” means a court jurisdiction in the United States at the location of either: (a) the principal office of the Registrar of the domain name in question; or (b) the domain name holder’s address as shown for the registration of the domain name in Registrar’s Whois database at the time a complaint is submitted to a Provider. If neither address in (a) or (b) of this definition are located within the United States, then Mutual Jurisdiction shall lie in solely in the State of New York.
“Nexus Requirements” means those requirements set forth in the Nexus Policy and related documents at www.ownit.nyc.
“Panel” means an administrative panel appointed by a Provider to decide a complaint concerning a domain name registration.
“Panelist” means an individual appointed by a Provider to be a member of a Panel.
“Party” means a Complainant or a Respondent.
“Policy” means the Nexus Dispute Resolution Policy that is incorporated by reference and made a part of the Registration Agreement. The Policy can be found at www.ownit.nyc/policies.
“Provider” means a dispute-resolution service provider performing services under agreement with the registry administrator, as approved by City of New York. A list of such Providers appears here.
“Registrar” means the entity with which the Respondent has registered a domain name that is the subject of a complaint.
“Registration Agreement” means the agreement between a Registrar and a domain name holder.
“Respondent” means the holder of a domain name registration against which a complaint is initiated.
“Supplemental Rules” means the rules adopted by the Provider administering a proceeding to supplement these Rules. 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, file size and format modalities, the means for communicating with the Provider and the Panel, and the form of cover sheets.
“Written Notice” means hard copy notification by the Provider to the Respondent of the commencement of an administrative proceeding under the Policy which shall inform the Respondent that a complaint has been filed against it, and which shall state that the Provider has electronically transmitted or provided the complaint including any annexes to the Respondent by the means specified herein. Written notice is not satisfied by merely sending a hardcopy of the complaint itself or of any annexes to the Respondent.
Any person or entity may initiate a nexus dispute by submitting a complaint in accordance with the Policy and these Rules to any Provider.
The complaint including any annexes shall be submitted in electronic form in the manner designated by the Provider’s Supplemental Rules and shall:
The complaint may relate to more than one domain name, provided that the domain names are registered by the same domain name holder.
Notification of Complaint
The Provider shall immediately notify the Registry of the pending dispute. Upon notification by the Provider of the pending dispute, the domain name shall be “locked” by the Registry until the matter is resolved. While in a “locked” position, Registrant may not (i) change any of the contact information for that particular domain name, or (ii) transfer the domain name to any third party.
The Provider shall review the complaint for administrative compliance with the Policy and these Rules and, if in compliance, shall forward the complaint, electronically to the Respondent and shall send Written Notice of the complaint (together with the explanatory cover sheet prescribed by the Provider's Supplemental Rules) to the Respondent, in the manner prescribed by Paragraph 2(a), within three (3) calendar days following receipt of the fees to be paid by the Complainant in accordance with Paragraph 16.
If the Provider finds the complaint to be administratively deficient, it shall promptly notify the Complainant and the Respondent of the nature of the deficiencies identified. The Complainant shall have five (5) calendar days within which to correct any such deficiencies, after which the administrative proceeding will be deemed withdrawn without prejudice to submission of a different complaint by Complainant.
The date of commencement of the administrative proceeding shall be the date on which the Provider completes its responsibilities under Paragraph 2(a) in connection with sending the complaint to the Registrant.
The Provider shall immediately notify the Complainant, the Respondent, the concerned Registrar(s), and the .nyc Registry of the date of commencement of the administrative proceeding.
Appointment of the Panel or Panelist and Timing of Decision.
Each Provider shall maintain and publish a publicly available list of Panelists and their qualifications.
If the Complainant has not elected a three-member Panel (Paragraph 3(b)(iv)), the Provider shall appoint, within five (5) calendar days following receipt of the response by the Provider (per Paragraph 8), 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.
If the Complainant elects to have the dispute decided by a three-member Panel, the Provider shall appoint three Panelists in accordance with the procedures identified in Paragraph 5(e). The fees for a three-member Panel shall be paid in their entirety by the Complainant.
Unless it has already elected a three-member Panel, the Complainant shall submit to the Provider, within five (5) calendar days of communication of a response in which the Respondent elects a three-member Panel, the names and contact details of three candidates to serve as one of the Panelists. These candidates may be drawn from this list of Panelists.
In the event that either the Complainant or the Respondent 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 Respondent. In the event the Provider is unable within five (5) calendar 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) calendar days of the Provider's submission of the five-candidate list to the Parties.
Once the entire Panel is appointed, the Provider shall notify the Parties of the Panelists appointed and the date by which, absent exceptional circumstances, the Panel shall forward its decision on the complaint to the Provider.
Impartiality and Independence
An appointed 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 administrative 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.
Initial Provider Decisions
The Provider shall make an initial evaluation of the complaint on the basis of the statements and documents submitted by the Complainant in accordance with the Policy, these Rules, the Supplemental Rules and any other rules and principles of law that it deems applicable.
In the event that the Provider finds that the Complainant has not established a prima facie case that Respondent has not met any of the Nexus Requirements, the Provider shall issue a letter to the Complainant denying its challenge. In addition, the Provider shall communicate the full text of the decision to each Party, and the concerned Registrar(s).
In the event that the Provider finds that the Complainant has established a prima facie case that Respondent has not met any of the Nexus Requirements, the Provider shall electronically issue a letter to Respondent to submit evidence of compliance with the Nexus Requirements (“Letter”).
Registrant Response to Letter
If the Provider issues a Letter, Respondent shall have a period of thirty (30) calendar days (the “Response Period”) from the date of the Letter to submit evidence of compliance with the Nexus Requirements. The response shall be submitted electronically in the manner designated by the Provider’s Supplemental Rules:
Panelist Evaluation of Response / Period to Cure
If, within the Response Period, Respondent submits evidence establishing any of the Nexus Requirements, the Panelist shall issue, within fifteen (15) business days from the end of the Response Period, a written finding directing that Respondent be permitted to keep the domain name. In addition, the Provider shall communicate the full text of the Panelist decision to each Party and the concerned Registrar(s).
If the Panel determines that the evidence submitted fails to demonstrate that the Respondent met any of the Nexus Requirements prior to the date the Policy was invoked, the Panel shall issue, within fifteen (15) business days from the end of the Response Period, a finding that Respondent has failed to meet the Nexus Requirements (“Nexus Failure Finding”) and shall communicate such Nexus Failure Finding to each Party.
If the Respondent does not respond within the Response Period, the Provider shall issue a Nexus Failure Finding.
In the event that a Nexus Failure Finding is made, the Provider shall communicate such finding to each Party. Respondent shall be given a total of thirty (30) days (the “Cure Period”) to submit documentation demonstrating that it has cured the Nexus Requirement deficiency.
Communication Between Parties and the Panel or Panelists.
No Party or anyone acting on its behalf may have any unilateral communication with the Panel or Panelists. All communications between a Party and the Panel, Panelists or the Provider shall be made to a case administrator appointed by the Provider in the manner prescribed in the Supplemental Rules.
General Powers of the Panel/Panelists
The Panel shall conduct the administrative proceeding in such manner as it considers appropriate in accordance with the Policy and these Rules and Supplemental Rules not inconsistent with these Rules.
In all cases, the Panel shall ensure that the Parties are treated with equality and that each Party is given a fair opportunity to present its case.
The Panel shall ensure that the administrative proceeding takes place with due expedition. It may, at the request of a Party or on its own motion, extend, in exceptional cases, a period of time fixed by these Rules or by the Panel.
The Panel shall determine the admissibility, relevance, materiality and weight of the evidence.
The Panel shall decide a request by a Party to consolidate multiple domain name disputes in accordance with the Policy and these Rules.
In addition to the complaint and the response, the Panel may request, in its sole discretion, further statements or documents from either of the Parties.
There shall be no in-person hearings (including hearings by teleconference, videoconference, and web conference), unless the Panel determines, in its sole discretion and as an exceptional matter, that such a hearing is necessary for deciding the complaint.
Grounds for Termination.
If, before the Panel’s decision is made, it becomes unnecessary or impossible to continue the administrative proceeding for any reason, the Panelist shall terminate the administrative proceeding, unless a Party raises justifiable grounds for objection to such termination within a period of time to be determined by the Panelist.
Effect of Court Proceedings
Exclusion of Liability.
Except in the case of deliberate wrongdoing, neither the Provider nor a Panel or Panelist shall be liable to a Party for any act or omission in connection with any administrative proceeding under the Policy and the Rules.
The version of these Rules in effect at the time of the submission of the complaint to the Provider shall apply to the administrative proceeding commenced thereby. These Rules may not be amended without the approval of the City of New York.