TRADEMARK AND COPYRIGHT DISPUTE POLICY
eNom respects the trademarks and copyrights of third parties and requests that the people who use its services do the same. This trademark and copyright dispute policy is here to assist you if you believe your legal rights to a trademark and/or copyright are being infringed upon.
This section will assist you if you believe that you have a trademark claim related to a domain name registered through the eNom domain name registration service.
Uniform Dispute Resolution Policy (the “UDRP”): The UDRP is a mandatory administrative proceeding adopted by the Internet Corporation for Assigned Names and Numbers (“ICANN”). All ICANN accredited registrars are required to follow the UDRP. eNom is an ICANN accredited registrar. All eNom domain name registrants are required to submit to the UDRP per the eNom Domain Name Registration Agreement. More information regarding the UDRP is available at http://www.enom.com/terms/drp.aspx or at http://www.icann.org/udrp. The Rules for the UDRP (the “Rules of Procedure”) are available at http://www.icann.org/en/help/dndr/udrp/rules
eNom provides webhosting services in connection with some of its domain name registration services. This section will assist you if you believe that you have a copyright claim related to a domain name using eNom’s webhosting service. Please make sure eNom is the webhost before you submit a copyright complaint under this policy. See the Checking Webhost section below for more information on how to determine if eNom is providing webhosting services.
If you believe you have a valid copyright claim for material in which you hold a bona fide copyright, you must submit the following information to eNom’s Copyright Agent by email to firstname.lastname@example.org with “Copyright Complaint” in the subject line, or by mail to eNom, Incorporated Attn: Copyright Agent, 5808 Lake Washington Blvd, Suite 201, Kirkland, WA 98033.
Each notification must include the following to be effective:
a. Identification of the copyrighted work you claim to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works on that site.
b. Identification of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit eNom to locate the material.
c. Information reasonably sufficient to permit eNom to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
d. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
e. A statement that the information in your notification is accurate, and under penalty of perjury, that the you are, or you are authorized to act on behalf of, the copyright owner, of an exclusive right that is allegedly infringed.
f. Your electronic signature.
Upon receipt of sufficient notice, and provided you have properly identified the material you claim to be infringing such that eNom can adequately locate the allegedly infringing material, eNom will remove or disable the access to the material you claim to be infringing. eNom will take reasonable steps to forward your notification to the alleged infringer and will notify them that the material has been removed or disabled.
2. Counter Notification
If you have received notification that material on your website was removed, or access to the material was disabled due to notice of an alleged copyright infringement, you may send your counter notification to email@example.com with “Counter Notification” in the subject line, or by mail at the address set forth above.
Your counter notification must include the following to be effective:
a. Identification of the material that was removed or to which access was disabled and the location at which the material appeared before it was removed or access to it was disabled.
b. A statement under penalty of perjury that the you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
c. Your name, address, and telephone number, and a statement that the you consent to the jurisdiction of the Federal District Court for the judicial district of Washington state, or if the your address is outside of the United States, for any judicial district in which eNom may be found, and that you will accept service of process from the complaining party or its agent.
d. Your electronic signature.
eNom will provide the complaining party with a copy of your counter notification upon our receipt. eNom will inform the complaining party that the removed material will be returned to your website or eNom will cease disabling access to the material with ten (10) business days unless eNom receives notice from the complaining party that the complaining party has filed a court order or other legal action to restrain you from engaging in infringing activity related to the material on eNom’s system. If eNom does not receive such notification from the complaining party, eNom will replace the removed material or cease disabling access to it in not less than ten (10) nor more than fourteen (14) business days from receipt of your counter notification.
3. Repeat Infringers
eNom’s policy is to terminate, in appropriate circumstances, eNom customers and account holders who repeatedly violate this policy or are repeat infringers of copyrighted works.
Please note that eNom is often not providing webhosting services for a particular domain name or website. In such cases, the allegedly infringing material does not reside on eNom’s computer servers and the above Copyright Dispute policy does not apply. When eNom is not providing webhosting services, eNom does not have the technical ability to remove or disable specific items of objectionable content. In this instance, we suggest that you contact the website or the party hosting the website to have this matter properly resolved. The IP address of the website in question often reveals the party that may be providing webhosting services. You may then use http://www.arin.net/whois/ or another similar tool to identify this party.