.in Domains Dispute & Policy
Last Update 20 April 2012. The most recent source for .in domains dispute proceedure can be found at: www.registry.in/Policies/Dispute%20Resolution
Dispute Resolution Policy
Complainant refers to the person who has complaint against the Registrant.
.IN Registry: Wherever used in this policy and the rules hereunder .IN Registry refers to the National Internet Exchange of India (NIXI), a company registered under section 25 of the Indian Companies Act 1956.
Person includes an individual, institution, organization, company, partnership or any other legal entity etc.
Registrar shall mean a domain name registrar who is duly accredited with the .IN Registry pursuant to a Registrar Accreditation Agreement and is listed on the website of the .IN Registry, www.registry.in.
"Registrant" is a holder of the .in Internet domain name.
This .IN Domain Name Dispute Resolution Policy (the "Policy") sets out the terms and conditions to resolve a dispute between the Registrant and the Complainant, arising out of the registration and use of the .in Internet Domain Name.
By applying to register a domain name, or by asking a Registrar to maintain or renew a domain name registration, the Registrant represents and warrants that:
Any Person who considers that a registered domain name conflicts with his legitimate rights or interests may file a
Complaint to the .IN Registry on the following premises:
The .IN Registry shall appoint an Arbitrator out of the list of arbitrators maintained by the Registry.
The List of the Arbitrators shall be published on line by the .IN Registry on its website at www.registry.in.
The Arbitrator shall conduct the Arbitration Proceedings in accordance with the Arbitration & Conciliation Act 1996 as amended from time to time and also in accordance with this Policy and rules provided there under.
For the purposes of Paragraph 4(iii), the following circumstances, in particular but without limitation, if found by the Arbitrator to be present, shall be evidence of the registration and use of a domain name in bad faith:
Any of the following circumstances, in articular but without limitation, if found by the Arbitrator to be proved based on its evaluation of all evidence presented, shall demonstrate the Registrant's rights to or legitimate interests in the domain name for the purposes of Paragraph 4 (ii) :
Except as otherwise stated in this policy or the Rules hereunder, all fees charged by the .IN Registry in connection with any dispute pursuant to this Policy shall be paid by the Complainant.
The Registry and the Registrars shall not participate in the domain name dispute resolution proceedings in any capacity or manner other than providing the information relevant to the registration and use of the domain name upon the request of the Arbitrator. Neither the Registry nor the Registrar shall be liable for any decisions rendered by an Arbitrator.
The remedies available to a Complainant pursuant to any proceeding before an Arbitrator shall be limited to requiring the cancellation of the Registrant's domain name or the transfer of the Registrant's domain name registration to the Complainant. Costs as may be deemed fit may also be awarded by the Arbitrator.
All decisions under this Policy will be published in full over the Internet, except when an Arbitration Panel decides in an exceptional case to edit portions of its decision.
The Registrant shall not transfer a domain name registration to another holder:
The Government of India reserves the right to add, delete, amend or modify this Policy (and the rules framed there under) at any time. The revised policy shall be posted on the website of the registry at www.registry.in at least Fifteen (15) calendar days before it becomes effective. The complaints submitted prior to the date of implementation of the revised policy would be entertained and decided in accordance with the policy in force at the time of filing the complaint. However, with effect from the date the revised policy comes in existence all complaints filed would be dealt with as per the revised policy. The Registrants shall be bound by the terms and conditions of the policy, rules, guidelines, bylaws framed by the .IN Registry from time to time.